Bombay High CourtWP/4376/2015dispossed offdismiss for default

Gangubai Pandurang Wakode v. The Nayab Tahsildar, Shegaon And The Returning Officer Of Village Panchayat

2015-07-29Hon'Ble Shri Justice Z.A. Haq2 pages

1 wp4376.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.4376/2015 Gangubai Pandurang Wakode, Age 59 Yrs., Occu. Agriculturist, R/o Kanarkhed, Tq. Shegaon, Distt. Buldhana.

..Petitioner.

..Versus..

The Nayab Tahsildar Shegaon and the Returning Officer of village Panchayat Gaigaon Bk., Tq. Shegaon, Distt. Buldhana.

..Respondent.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - Shri P.S. Kshirsagar, Advocate for the petitioner. Shri D.M. Kale, A.G.P. for respondent.

- - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATE : 29.7.2015 ORAL ORDER 1.

Heard Shri P.S. Kshirsagar, the learned advocate for the petitioner and Shri D.M. Kale, the learned A.G.P. for the respondent. 2.

The grievance of the petitioner is that the nomination paper of the petitioner has been wrongly rejected on the ground that the petitioner has not annexed certificate as

2 wp4376.15 required by the provisions of Section 14(1)(j-4) of the Maharashtra Village Panchayats Act showing that the petitioner resides in a house which has a toilet. It is submitted that the petitioner is residing in a rented house which has a toilet and the certificate is issued in the name of the owner of the house. The petition raises disputed questions of facts which cannot be examined at this stage. I am not inclined to entertain the petition. The petition is disposed of with liberty to the petitioner to avail the appropriate remedy, if so advised.

JUDGE Tambaskar.