ORAL JUDGMENT :- By this petition, petitioner challenges election of respondent No. 1 as Member of Legislative Assembly, State of Maharashtra, from 201 Kaij Constituency, on ground of illegal and improper rejection of her nomination by respondent No. 2 and seeks declaration that election of the respondent No. 1 as Member of Legislative Assembly, declared on 16th September, 2004, is null and void, and liable to be set aside.

2. The petitioner was appointed as Medical Officer Class-II at S.R.T.R. Medical College, Ambajogai, as per appointment letter dated 4-11-1991. Initially, her appointment was on probation and temporary. She was appointed on permanent basis through process of Maharashtra Public Service Commission in 1995. In or about September, 2003, she was transferred to Rural Hospital, Parali (Vaijanath). She was working as such when elections for Member of Legislative Assembly from 201 Kaij Constituency were declared. She hails from and is a voter from Kaij Constituency. She desired to enter active politics. So, she decided to resign the post of Medical Officer Class-II. She tendered her resignation letter on 13-9-2004 addressed to the Secretary, Public Health Department, Mantr

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