← Library
Bombay High CourtWP/8821/2021disposed off

Ram Saida Gaikwad v. The State Of Maharashtra And Others

2021-08-12Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice R. N. Laddha2 pages

(1) 989-wp-8821-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 989 WRIT PETITION NO.8821 OF 2021 RAM SAIDA GAIKWAD ..PETITIONER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS ...

Ms. Maya R. Jamdhade, Advocate for the Petitioner. Mr. S. K. Tambe, AGP for Respondents-State.

Mr. A. B. Kadethankar, Advocate for Respondent Nos.2 and 3.

...

CORAM : S. V. GANGAPURWALA & R. N. LADDHA, JJ.

DATED : 12th AUGUST, 2021.

PER COURT:- 1.

The learned counsel for the petitioner submits that, the petitioner has raised objection to the nomination of the present respondent nos.4 to 8. The nomination forms of respondent nos.4 to 8 of Grampanchayat election were not complete in all respect. They were invalid. Still Returning Officer accepted the nomination forms and allowed them to contest the election. The same is illegal. 2.

We have heard the learned A.G.P. and Mr.

Kadethankar, learned counsel for State Election Commission.

(2) 989-wp-8821-2021 3.

The elections are over. The nomination forms of respondent nos.4 to 8 were accepted by the Returning Officer. The petitioners had remedy of Appeal against all these respondents by filing Election Petition under the Provisions of Maharashtra Village Panchayat Act.

4.

The election of the returned candidate can be set aside by way of Election Petition.

5.

In light of that, no interference is made out.

6.

Writ Petition is disposed of. No costs.

(R. N. LADDHA) (S. V. GANGAPURWALA) JUDGE JUDGE Devendra/August-2021