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2018 Supreme(Bom) 1398

S.B.SHUKRE
Suresh Atmaram Shirsat – Appellant
Versus
Divisional Commissioner – Respondent


Advocates Appeared:
For the Petitioner:Shri. Rahul Dhande, Advocate
For the Respondent:Shri. B.M. Lonare, A.G.P., Shri S.D. Chopde, Advocate

JUDGMENT :

Rule. Rule made returnable forthwith. Heard finally by consent.

2. The requirement of Section 14(1)(j-5) of the Maharashtra Village Panchayats Act (hereinafter referred to as the “Act” for short) is that at the time of submission of the nomination paper, a candidate must submit a certificate of the concerned Panchayat accompanied by a resolution of the Gram Sabha certifying that the candidate resides in a house owned by him and has a toilet in such house, which he/she regularly uses or a candidate resides in a house not owned by him, but has a toilet which is regularly used by him or it is not regularly used by him but some other public toilet is regularly used by him. In other words, the nomination form must be accompanied by two documents, namely, a certificate of the concerned Panchayat and a resolution of the concerned Gram Sabha certifying what is contemplated under this provision of law. If the nomination form is filed without both or any one of these documents, it would be an incomplete nomination form. This is also the view taken by the learned Single Judge of this Court in the case of Vijay Ramchandra Raut & others vs. Divisional Commissioner & others – 2015 (1) B












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