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1984 Supreme(Bom) 184

H.D.PATEL, A.A.GINWALA
Ramkrishna Vithoba Pardhi and others – Appellant
Versus
W. T. Kamhade, Returning Officer and another – Respondent


JUDGMENT - Ginwala, J.: -The general election to the Gram Panchayat of Dhamna was to be held in the month of March, 1984. Respondent No. 2 who was appointed as Returning Officer for holding this election issued a programme as required by rule 7 of the Bombay Village Panchayats Election Rules. According to this programme, the last date of filing nomination forms was 27-3-1984 and the nomination forms were to be scrutinised on 28-3-1984. The petitioners bad filed their nomination forms for contesting” the election from various wards of. the said Gram Panchayat before the last date prescribed for filing the nomination forms. On 28-3-1984 when respon-dent No. 2 proceeded to scrutinise the nomination forms, an objection was raised to the validity of candidature of 14 of the candidates including the present nine petitioners on the ground that they were disqualified since they had not paid the tax of the Gram Panchayat within three months from the date of demand as provided by clause (h) of section 14 of the Bombay Village Panchayats Act, 1958 (hereinafter referred to as “the Act”). It was contended by the petitioners before respondent No. 2 fhat they had paid the tax to the Administrato











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