Judgment :-

S.B. Sinha, J

1. The extent of jurisdiction of a returning officer to determine a question as to whether a nomination paper filed by an applicant to enable him to contest an election in terms of the provisions of the Representation of the People Act, 1951 (for short "the Act") on the premise that the names of the proposers were forged is the question involved in this appeal. It arises out of a judgment and order dated 26.08.2008 passed by the Bombay High Court in Election Petition No. 1 of 2004.

2. Indisputably, an election to the local authorities constituency Solapur for Maharashtra Legislative Council Biennial Elections, 2003 was to take place. The parties hereto contested the said election. For the said purpose, the returning officer issued a notification declaring the programme for election of the said constituency in terms whereof nomination papers were to be submitted by 14.11.2003 before 3.00 p.m. and the scrutiny thereof was to be completed in his office on 15.11.2003 at 11.00 a.m.

3. Appellant filed his nomination paper in the prescribed form in the office of the Returning Officer on 14.11.2003. As is required, his name was proposed by 10 voters. Sharif Mohammed Badshah Sutar and Sau. Jaymala Purnanand Mhetre (for short "the proposers") were the proposer Nos. 7 and 8 respectively. All the proposers signed the nomination papers in presence of each other as also in presence of the appellant and one Ratan Govind Pandit, brother of Proposer No. 8.

4. The candidates took part in the scrutiny of nomination papers. Respondent raised an objection to the nomination of the appellant on the premise that the proposer Nos. 7 and 8 had not signed the nomination papers. A written objection to the aforementioned effect was also filed before the returning officer. Similar objection was also raised in relation to the nomination of Shri Subhash Rajaram Patil, another candidate. The aforementioned alleged proposers also submitted letters containing identical contentions that they had not signed the nomination papers of the appellant and, thus, the same should be rejected. They also affirmed affidavits inter alia contending that their signatures in the nomination papers were forged. In response thereto, appellant filed three affidavits, viz., (i) affirmed by himself, (ii) jointly affirmed by five of his proposers and (iii) by Ratan Govind Pandit, brother of proposer No. 8. In the said affidavits, it was stated that the nomination papers bore the signature of the aforementioned proposer Nos. 7 and 8. It was furthermore contended that the affidavits filed by the proposer Nos. 7 and 8 were allegedly prepared by Shri Jaksan, Advocate & Notary, Solapur which was not mentioned in his register.

5. It is, however, not in dispute that in terms of the request made by the appellant the records of the office of Mangalwedha Municipal Council whereof the proposer Nos. 7 and 8 were members were called for the purpose of verification of their signatures.

6. The scrutiny of the nomination papers was adjourned till 3.45 p.m. on 15.11.2003. The matter was again taken up at the said time. The returning officer compared the signatures of the said proposers. They were also present before him. Admittedly inter alia on the premise that the signatures of proposer Nos. 7 and 8 were not genuine, the nomination of the appellant was rejected. By a separate order, the nomination of Shri Subhas Rajaram Patil was also rejected. Another candidate Shri Dilip Dyandeo Chougule withdrew his candidature as a result whereof the respondent was declared elected as an uncontested candidate in terms of Section 53(2) of the Act read with Rule 11(1) of the Conduct of Election Rules, 1961 (for short "the Rules").

7. Appellant filed a writ petition questioning the rejection of his nomination which, however, was permitted to be withdrawn on 20.12.2003 allowing the appellant to pursue appropriate remedies available to him.

8. Appellant allegedly obtained forensic examinatio