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1997 Supreme(Bom) 360

F.I.REBELLO
Shobha Ashok Patil – Appellant
Versus
Mahananda Rajaram Nikam and others – Respondent


JUDGMENT - F.I. REBELLO, J.:---The petitioner in this petition impugns the order dated 23rd June 1995 whereby the 2nd Joint Civil Judge, Junior Division at Madha dismissed the election petition being Election Petition No. 2 of 1995 filed by the petitioner herein.

2.The elections were held to the Grampanchayat of village Ujani (Tahsil) Madha on 20th April 1995. The petitioner contested from Ward No. 3 which was a multi seats ward. There were three candidates to be elected of which one seat was reserved for woman. The petitioner had filed her nomination alongwith opponent No. 1 for the reserved seat meant for woman.

3.At the elections held the votes secured by the candidates is as under :-

NameNo. of votes.

Sharad Digambar Vaste (Resp. 3)134

Smt. Mahananda Rajaram Nikam (Resp. 1)119

Shobha Ashok Patil (Petitioner)118

Haibatrao Nivruti Nikam (Resp. 2)115

Navnath Bhanudas Lokhare (Resp. 5)112

Abhiman Baliram Lokhare (Resp. 4) 92

Laxman Namdeo Lokhare (Resp. 6) 74.

The Returning Officer declared Smt. Mahananda Rajaram Nikam, The respondent No. 1 elected for the reserved seat for woman on the ground that she had secured the highest number of votes amongst the woman candidates. Thereafter











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