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2020 Supreme(Bom) 152

RAVINDRA V.GHUGE
Soni – Appellant
Versus
Election Officer Gram Panchayat, Taroba – Respondent


Advocates:
Advocate Appeared:
A.M. Ghare, Advocate, A.M. Balpande, Advocate, K.S. Narwade, Advocate

JUDGMENT :

Ravindra V. Ghuge, J.

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

2. The petitioner is aggrieved by the judgment and order dated 22.8.2016, delivered by the trial Court vide which Election Petition No.1/2015, has been partly allowed. The election of the petitioner to the post of member of the Village Panchayat, Taroba, Tal. Umarkhed, dated 23.4.2015, has been set aside.

3. The extensive submissions of the learned Advocate for the petitioner can be summarized as a under:

    (a) The petitioner, finds her name in the voters list of ward No. 1 that was published as a final voters list, on 10.2.2015.

(b) The petitioner filed her nomination form for contesting the election to the post of member of the Village Panchayat, on 7.4.2015.

(c) Her nomination form was validated on 8.4.2015 thereby clearing her way to contest the elections.

(d) The voting took place on 22.4.2015.

(e) The election results were declared on 23.4.2015 and the petitioner polled 294 as against 280 votes polled by respondent No. 2 herein.

(f) Respondent No. 2 preferred an Election Petition under section 15 of the Maharashtra Village Panchayat Act, 1958 seeking disqualification

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