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2011 Supreme(Bom) 1504

S.S.SHINDE
Sumit Sanjay Jaiswal – Appellant
Versus
The State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioners:N.L. Choudhari, Advocate.
For the Respondents:R1 & R2, N.R. Shaikh, A.G.P, R3, D.S. Bagul, Advocate.

JUDGMENT:

1. Rule. Rule made returnable forthwith. With consent of the parties heard finally.

2. Both the writ petitions take exception to the judgment and order dated 30-03-2011 passed by the Additional Divisional Commissioner, Nashik Division, Nashik in Grampanchayat Appeal Nos.6 of 2011 and 5 of 2011 respectively in Writ Petition Nos. 3323 of 2011 and 3325 of 2011.

3. By the impugned judgment and order, the appellate authority has confirmed the order passed by the Additional Collector, Dhule thereby allowing the application filed by respondent No. 3 herein, and the petitioners herein are disqualified as a Members of the Grampanchayat Ner under the provisions of Section 14 (h1) of the Bombay Village Panchayats Act, 1958 (for short, "said Act").

4. The background facts of the case are as under:

It is the case of the petitioners that, in the month of July, 2010, election for Ner Village Panchayat was conducted in which the petitioner Sumit filled in nomination form from Ward No.6, reserved for backward class and the petitioner Shital filled in nomination from Ward No.4, reserved for backward class women. In the said election, both the petitioners were declared as successful retu



























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