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2017 Supreme(Bom) 175

S.B.SHUKRE
Poonam w/o Rajesh Pawar – Appellant
Versus
Returning Officer for the elections of 2017 of Zilla Parishad, Tq. Naigaon, District Nanded – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Shri R.N. Dhorde, Senior Counsel with Shrio V.R. Dhorde, Advocate
For the Respondents:Shri S.T. Shelke, Advocate, Shri V.D. Salunke, Advocate, Shri S.B. Talekar, Advocate holding for Shri R.A. Deshmukh, Advocate

JUDGMENT :

1. These writ petitions are being disposed of by a common judgment as both the petitions are having identical questions, which pertain to the compliance with the mandatory provisions of the Maharashtra Zilla Parishads and Panchayat Samitis Rules, 1962 (for short Z.P. & P.S. Rules, 1962).

2. As per the election programme, today is the date fixed for allotment of election symbols. The petitioner in these petitions is the same candidate (hereinafter referred to as common petitioner), interested to contest the elections to Zilla Parishad, Nanded. Her nomination paper was accepted by the Returning Officer, but the respondent Nos.3 and 7 in Writ Petition No.1974/2017 and respondent No.3 in Writ Petition No.1975/2017 objected to the same by filing an election appeal before the District Judge. The respondent Nos.3 and 7 in Writ Petition No.1974/2017 are also the candidates who are interested to contest the elections. The respondent No.3 in Writ Petition No.1975/2017 is, however, an eligible voter in these elections. The learned District Judge, after hearing the rival parties, found that, acceptance of nomination paper of the petitioner was incorrect and against the provisions of S



















































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