JUDGMENT - SUKUMARAN K., J.:—A nice and interesting question arises in this case out of the dust and fume of election process.

2. The election scene is of Ward No. 64 in the Municipal Council of Bhusawal. The last date for making the nomination was on 30-10-1991 and the scrutiny was to take place on 31-10-1991. Patil Bhila Nathu was one such candidate. On that date itself, the publication of the list of validly nominated candidates had to be made. The list included the names of the petitioner and Patil Bhila Nathu along with many others. Withdrawal time was permitted upto 11th November, 1991.

3. Patil Bhila Nathu unfortunately passed away on 29th October, 1991. The proposer of his name informed the respondent No. 2 Returning Officer about it on 2nd November, 1991. As the information of death was not instantaneously available the nomination of Nathu had been accepted and as noted earlier, he figured as one of the candidates.

4. The Returning Officer thereafter passed the impugned order, Exhibit B, on 8th November, 1991, countermanding the elections.

5. Counsel for the petitioner submits that such countermanding was not justified under Rule 23 of the Maharashtra Municipalities Election R

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