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2007 Supreme(Bom) 1206

S.B.DESHMUKH
Gangubai Laxman Bansode – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared
Shri P.B.Patil, Advocate for petitioners,
Shri D.V.Tele, AGP for respondents 1 to 3,
Shri V.R.Sonwalkar,Advocate for respondents 4 to 6,
Shri S.J.Salunke h/f Shri V.D.Salunke, Advocate for respondent 7.

1. This petition takes an exception to the order passed by the learned Additional Divisional Commissioner in Appeal No.CR/55/2006, dated 14.9.2006.

2. The facts necessary for consideration of this writ petition, may be summarised as follows:- (A).The elections of Gram Panchayat Asarkheda, Tq. Badnapur, District Jalna 2 took place on 23.10.2005. Nominations were to be filled in on 8.10.2005. The date of nominations is important. In the said elections, seven members were declared elected, including the petitioners. (B). Respondent No.7 - Dagduba Sakharam Hiwale - addressed a communication to the learned Collector, Jalna dated 22.11.2005. By this communication, declaration was sought that the petitioners’ election is illegal and further relief of quashing and setting aside the election was sought. (C). Learned Additional Collector, Jalna by communication dated 30.11.2005 informed respondent No.7 that his request cannot be acceded to. He was advised to file appropriate proceeding under Section 15 of the Bombay Village Panchayats Act, 1958 ("said Act") before the competent civil court. It was also added in the said communication that the file with the office of Additional Collector stan






















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