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2004 Supreme(Bom) 480

D.D.SINHA, B.P.DHARMADHIKARI
Mayaraju Ghavghave – Appellant
Versus
Returning Officer & another – Respondent


JUDGMENT - SINHA D.D., J.:-Rule returnable forthwith. Heard finally by consent of Shri De, learned Counsel for the petitioner. Mrs. Dangre, learned Assistant Government Pleader for respondent No. 1, and Mrs. Khade learned Counsel for the respondent No. 2.

2.Shri De, learned Counsel for the petitioner, states that the petition is directed against the order dated 28-5-2003 passed by the Returning Officer rejecting the nomination form, which the petitioner had filed for election of Gram Panchayat, Dhamangaon from Ward No. 2 for the seat, which was reserved for "Other Backward Class". It is contended that the nomination form was filed on 27-5-2003 and scrutiny of nomination forms took place on 28-5-2003. The Returning Officer rejected the nomination form of the petitioner on 28-5-2003 on the ground that the tax receipt for the year 2002-03 in respect of the house owned by the father-in-law of the petitioner, with whom the petitioner was jointly residing, was not filed and, therefore, the petitioner had incurred disqualification under section 14(1)(h) of the Bombay Village Panchayats Act, 1958. It is submitted that the petitioner was the only candidate, who had filed nomination form from

















































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