Sandhya W/O Vaijnath Kute v. The Tahsildar/ Returning Officer For Election Of Gram Panchayat Election 2015, Ukali And Another

1 wp4517.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.4517/2015 Sandhya w/o Vajinath Kute ..Versus..

The Tahsildar Malkapur/Returning Officer for holding election of Gram Panchayat Election 2015 of Ukali Pen and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATE : 3.8.2015 Heard Shri S.S. Dhengale, learned advocate for the petitioner and Shri N.S. Khubalkar, learned A.G.P. for respondent no.1/Returning Officer.

The grievance of the petitioner is that the nomination paper of the respondent no.2 has been wrongly accepted though she is not eligible to contest the election as she incurs disqualification as per Section 14 (1)(i) of the Maharashtra Village Panchayats Act. The contention of the petitioner is that the respondent no.2 is working as "Asha Swayam Sevika" at Sub-Centre, Ukali Pen under the Primary Health Centre, Warla and, therefore, enjoys an office of profit and,

2 wp4517.15 therefore, she is disqualified as per Section 14 (1)(i) of the Maharashtra Village Panchayats Act. Apart from the fact that the disputed questions of facts are raised, the petitioner has approached this Court just one day prior to the date of elections. In view of this, I am not inclined to entertain the petition. The petition is disposed of with liberty to the petitioner to avail appropriate remedy, if so advised. JUDGE Tambaskar.