Shaukat Beg Kabir Beg v. District Election Officer A. P. M. C. And District Deputy Registrar And Others

1 wp 4516&4555.2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 919 WRIT PETITION NO.4516 OF 2023 SHAUKAT BEG KABIR BEG

VERSUS

DISTRICT ELECTION OFFICER A. P. M. C. AND DISTRICT DEPUTY REGISTRAR AND OTHERS ...

Advocate for Petitioner:

Mr. Suryawanshi Kamlakar J.

Advocate for Respondents No.1&2: Mr. V. H. Dighe ...

AND ...

919 WRIT PETITION NO.4555 OF 2023 JAHUR BEG KABIR BEG

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner:

Mr. Gangakhedkar Shailendra S.

AGP for Respondent/State: Mrs. V. N. Patil Jadhav Advocate for Respondents No.5 to 7:

Mr. V. H. Dighe ...

CORAM: ARUN R. PEDNEKER, J.

DATE:

20th APRIL, 2023 PER COURT:

1.

Heard.

2.

Both these petitions are taken up together as it involves common questions of law.

2 wp 4516&4555.2023 3.

The instant case relates to the Hamal constituency of the APMC Kalamnur. The elections to the APMC Kalamnuri are due and the last date for filing of nomination was on 03.04.2023 and the scrutiny of the nomination was on 05.04.2023. Both the petitioners are the valid voters of the Hamal constituency and the entire voters list of Hamal constituency has only 3 voters. Both the petitioners are also brothers. The petitioner in Writ Petition No.4555 of 2023 and in Writ Petition No.4516 of 2023 and the only third person who is left, is the proposer of both the candidates. At the time of scrutiny, it was specifically asked to the proposer, whether he has signed the nomination paper of both the candidates. The proposer submitted before the authority that he has signed the nomination form of Writ Petition No.4555 of 2023 and not of Writ Petition No.4516 of 2023. In terms of Rule 21 Sub-rule 2, proposer cannot sign on more than one nomination forms. However, in the instant case, there are only 3 voters. It is the case of the petitioner in Writ Petition No.4516 of

3 wp 4516&4555.2023 2023 that the seconder is the candidate in Writ petition No.4555 of 2023, as such, his form is complete. However, the petitioner in Writ Petition No.4555 of 2023 has disputed that factum.

4.

In view of the disputed position, this court would not interfere in the orders passed by the authorities and leave it open to the parties to seek the remedy of filing an election petition. All contentions are kept open.

5.

The Writ Petitions are disposed of.

[ARUN R. PEDNEKER, J.] marathe