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2018 Supreme(Bom) 66

S.V.GANGAPURWALA
Suryakant Shivaji Munde – Appellant
Versus
State Election Commission, Through : State Election Commissioner – Respondent


Advocates Appeared:
For the Petitioner:Sudarshan J. Salunke, Advocate.
For the Respondent: S.T. Shelke, Standing Counsel, K. D. Mundhe, A.G.P.

JUDGMENT :

1. Rule. Rule made returnable forthwith. With the consent of learned counsel for parties, taken up for final hearing.

2. The petitioner contested the election of Kesapuri Village Panchayat and is declared as elected from Ward No. 4 on the reserved seat of Other Backward Class category. The respondent No. 11, voter of the village panchayat Kesapuri from Ward No. 4 assailed the election of the petitioner by filing election petition bearing Election Petition No. 03 of 2013 before the Civil Judge Senior Division, Majalgaon. The respondent No. 11 challenged the election of the petitioner basically on the ground that the name of the petitioner appears in the voters list for the election of village panchayat Govindwadi, Tq. Majalgaon. The election for the village panchayat Govindwadi was conducted on 26.11.2012. The petitioner had cast his vote in the village panchayat election of Govindwadi held on 26.11.2012 and subsequently contested the election for village panchayat Kesapuri held on 06.12.2012 and is elected. The petitioner could not have been voter in both the village panchayats, as such was disqualified from contesting the election as a member of village panchayat Kesapuri
























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