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2002 Supreme(Bom) 1330

C.K.THAKKER, R.K.BATTA
Vinod Pandurang Bharsakade – Appellant
Versus
Returning Officer, Akot & another – Respondent


JUDGMENT - THAKKER C.K., C.J.:---A common question of law has been raised in all the petitions. To appreciate the controversy raised in the present group of petitions, few relevant facts in the first petition may be noted.

2. The petitioner of the first petition (Writ Petition No. 4060 of 2002) has approached this Court by invoking Article 226 of the Constitution for an appropriate writ, direction or order, quashing and setting aside an order dated November 8, 2002 (Annexure 6) by which respondent No. 1, Returning Officer, Balegaon, Taluka Akot, rejected the nomination form of the petitioner.

3. The case of the petitioner is that he is a bona fide resident of village Balegaon, Taluka Akot, District Akola since his birth. Village Balegaon has an independent Gram Panchayat consisting of three wards. The petitioner has two brothers, Devidas and Vilas. All the three brothers, however, reside separately in their respective houses. The petitioner's elder brother Devidas owns and resides in a house bearing No. 24, his brother Vilas owns and stays in a house bearing No. 25, whereas the petitioner stays in a house bearing No. 26. All the brothers are paying house taxes to the Gram Panchayat i





















































































































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