JUDGMENT - N.P. CHAPALGAONKER, J.:---Heard Shri N.H. Patil, learned Counsel for the petitioner and Shri V.D. Sapkal, learned A.G.P., for the State.

2. Petitioner wanted to contest the election of the President of the Municipal Council, Erandol which took place on 11-12-1997. The office of the President was reserved for Other Backward Class woman. The petitioner, though allegedly belonging to the Other Back Ward Class, was elected from a seat reserved for woman general. On that count, her nomination paper was rejected. Petitioner did not file an appeal as was contemplated under sub-section (3) of section 51 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 nor she presented any dispute before the State Government under sub-section (5) of section 51 of the said Act.

3.Shri Patil, learned Counsel for the petitioner, contended that the provision of appeal made in sub-section (3-A) of section 51 is redundent inasmuch as it is not possible for anybody to avail this facility. Normally, the election programme for the elections of the President of Municipal Council is a process which is completed in a single day. Nominations are to be filed in about t

Click Here to Read the rest of this document