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2005 Supreme(Bom) 1524

B.P.DHARMADHIKARI
Ravi Amrutrao Bagde – Appellant
Versus
Commissioner, Amravati Division, Amravati – Respondent


Judgment

( 1 ) AS per election programme last date of submitting nomination was 9-8-2005, date of scrutiny was 11-8-2005 and date of publication of List of valid nominations was 12-8-2005. Respondent No. 4 submitted three nomination papers in said election from reserved constituency for scheduled castes, scheduled tribes etc. It is his contention that during scrutiny objection was raised that he was defaulter under section 73-FF of Maharashtra co-operative Societies Act and returning officer gave him time of one-day to point out that he is not defaulter and accordingly on 12-8-2005 he produced no due certificate and still his nomination paper came to be rejected. The said error is corrected on 25-8-2005 by Divisional commissioner in appeal under section 152-A of Maharashtra Co-operative Societies Act. The petitioner has approached against this appellate order contending that no such time till 12-8- 2005 was given to said respondent by returning officer and in any case, 09-8-2005 was the last date for filing of nominations and therefore, said respondent has to demonstrate that he was not disqualified on 09-8-2005. Petitioner points out that payment of arrears i. e. amount in default


















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