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1986 Supreme(Bom) 258

R.A.JAHAGIRDAR
Maruti Dadu Dadakhe & another – Appellant
Versus
Baburao Jyoti Kamble & others – Respondent


JUDGMENT - Jahagirdar R.A., J.: - This petitioners and respondents Nos. 1 to 3 contested the Village Panchayat Election of Village Mangle in Shirala Taluka of Sangli District. They contested the elections for one of the reserved seats in Ward No. 5 of the said village. The last date for filing the nomination papers was 14th of March, 1984, by which date the petitioners and the other contesting candidates filed their nomination papers. On the date of scrutiny, namely on 16th of March, 1984, it was found that the nomination paper of the first respondent did not bear his signature nor his thumb impression as required by Rule 8 of the Bombay Village Panchayat Election Rules, 1959 and Form 'A' thereunder. Therefore, his nomination paper was rejected and in the elections that were held on 31st March, 1984, the petitioners were declared elected.

2. The first respondent filed an election petition, being Election Petition No. 6 of 1984, in the Court of the Civil Judge, Junior Division, at Islampur. By his judgment and order dated 7th of October, 1985, the learned Civil Judge allowed the petition by holding that the Returning Officer, who is respondent No. 6 in this petition, was in error in









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