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2005 Supreme(Bom) 1667

A.P.DESHPANDE, J.H.BHATIA
SAU. JYOTI W/o. PATINGRAO PATIL – Appellant
Versus
DILIP DHANRALE – Respondent


Judgment

A. P. DESHPANDE, J.

( 1 ) THE petitioner came to be elected as member of Grampanchayat Wanegaon against a seat reserved for O. B. C. Woman category. A meeting was convened for electing Sarpanch and Upa- sarpanch on 12-9-2005. The post of Sarpanch was reserved for O. B. C, woman category. The respondent no. 2 though a candidate belonging to o. B. C. Woman category, had contested the election from General Woman category. A nomination paper was submitted on behalf of respondent no. 2 well in time to the Election Officer but the nomination paper was returned on the ground that the same was not accompanied with the caste certificate indicating that the respondent no. 2 belongs to O. B. C. category. Before the scheduled time of the meeting viz. 2 p. m. , the respondent no. 2 had submitted her nomination form accompanied with the caste certificate but the same was also returned back saying that the time for filing nomination paper had lapsed. The meeting could not be held at the scheduled time on 12-9-2005 for want of quorum and hence it was scheduled on the next day. On the next day, only 3 members out of 7 attended the meeting and the petitioner came to be elected. Aggrieved by


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