Shri. Sachin Dilip Patil v. The Returning Officer And ORS.
WPST-18820-15.doc 16.07.2015
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION (STAMP) NO.18820 OF 2015 Shri. Sachin Dilip Patil .. Petitioner
Versus
The Returning Officer and another .. Respondents Mr. Uday Warunjikar a/w Mr. N. B. Patil, for the Petitioner. Mr. Umesh R. Mankapure, for the Respondent No.2. Ms. M. S. Bane, "B" Panel Counsel for the Respondent No.1. CORAM : R.M. SAVANT, J.
DATE : 16th JULY, 2015 P.C.
1.
Not on board. Mentioned for urgent reliefs.
2.
The Writ Jurisdiction of this Court is invoked against the order dated 13.07.2015 passed by the Election Officer, Gram Panchayat Jambhali, Taluka Shirol, District Kolhapur, by which order the nomination of the Petitioner for contesting election to a seat from open category came to be rejected. The rejection of the nomination is under Section 14(1)(g) of the Maharashtra Village Panchayat Act, which postulates that a person who has any interest in any work done or to be done by the Gram Panchayat is disqualified from being a member of the Gram Panchayat. It seems that in the instant case the firm of the Petitioner had supplied JCB BGP.
WPST-18820-15.doc 16.07.2015 and Murum for the construction of the road which work was carried out in the year 20142015. It is on the said basis that Section 14(1)(g) was applied. The Petitioner disputes the same contending that the firm is that of his wife. In my view, it is not necessary to consider the said aspect in the instant Petition. Considering the fact that the election programme is at the stage where the final list of candidates is published yesterday and the voting is to take place on 25.07.2015, no interference is called for in the said rejection. The Writ Petition is accordingly dismissed. However, the Petitioner would be at liberty to file appropriate proceedings after the elections, if the occasion so arises.
[R.M. SAVANT, J] BGP.