Baijabai Chotu More v. The State Of Maharashtra And Others

{1} wp7494-15 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.7494 OF 2015 Awadabai Dadabhau Sardar PETITIONER

VERSUS

The State of Maharashtra & others RESPONDENTS WITH WRIT PETITION NO.7507 OF 2015 Sanjay Santosh Patil PETITIONER

VERSUS

The State of Maharashtra & others RESPONDENTS WITH WRIT PETITION NO.7508 OF 2015 Baijabai Chotu More PETITIONER

VERSUS

The State of Maharashtra & others RESPONDENTS .......

Mr. D. B. Thoke, Advocate for the petitioners Mr. S. P. Daund and Mr. S. K. Tambe, AGPs for respondents State Mr. S. T. Shelke, Advocate for respondent No.2 .......

[CORAM : SUNIL P. DESHMUKH, J.] DATE : 23 rd JULY, 2015 ORDER :

1.

After hearing learned advocate for the petitioners, learned AGPs and Mr. Shelke-learned advocate for the State Election

{2} wp7494-15 Commission, indisputable position emerges that the petitioners have not signed quite a few declarations and as such, their nominations have been rejected.

2.

Mr. Shelke points out a decision of the Supreme Court, reported in AIR 2014 SC 344 "Resurgence India V. Election Commission of India and Another" and states that absence of signatures is a defect which can hardly be considered as not to be substantial as is sought to be argued by learned advocate for the petitioners, for, the Supreme Court, under clauses (iii) of paragraph No.27 of said judgment has considered that absence of affidavit / signature would render the same nugatory, which read thus - "(iii) Filing of affidavit with blank particulars will render the affidavit nugatory.

3.

Nominations submitted by the petitioners appear to be discrepant and deficient.

4.

In view of aforesaid, no fault can be found with the rejection of nominations of the petitioners. Writ petitions, as such, stand rejected.

[SUNIL P. DESHMUKH, J.] drp/wp7494-15