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2016 Supreme(Bom) 780

Z.A.HAQ
Sau. Soni w/o Gajanan Kurkute – Appellant
Versus
Election Officer, Gram Panchayat, Taroda, Tahsil Umarkhed, District – Yavatmal – Respondent


Advocates Appeared:
For the Appellant :Shri Shantanu Khedkar, Advocate
For the Respondent:Shri H.R. Dhumale, A.G.P., Shri K.S. Narwade, Advocate

JUDGMENT :

1. Heard Shri Shantanu Khedkar, Advocate for the petitioner, Shri H.R. Dhumale, Assistant Government Pleader for the respondent No.1 and Shri K.S. Narwade, Advocate for the respondent No.2.

2. Rule. Rule made returnable forthwith.

3. The respondent No.2 has filed petition under Section 15 of the Maharashtra Village Panchayats Act challenging the election of the present petitioner on the ground that she was not eligible to contest the election as on the date of election she was below twentyone years. In the election petition, the present petitioner filed an application praying that the issue present about jurisdiction of the Court, to entertain the petition on the ground raised in the petition, be framed and tried as preliminary issue. The Court considered the submissions of the parties and passed an order dated 08012016 directing the framing of preliminary issue. By the impugned order, the Court has concluded that it has jurisdiction to entertain and try the election petition on the ground raised by the respondent No.2 in the election petition. The petitioner being aggrieved by this order, has filed this petition.

4. The learned Advocate for the petitioner has submitted tha
















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