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2021 Supreme(Bom) 5

MANGESH S.PATIL
Priyanka Vinayak Ranmale – Appellant
Versus
State of Maharashtra – Respondent


Advocate Appeared:
For the Petitioner:V.Y. Bhide, Advocate.
For the Respondents:S.B. Pulkundwar, APP, A.B. Kadethankar, Avinash Khedkar, Advocates.

JUDGMENT :

1. Heard.

2. Rule. The Rule is made returnable forthwith. With the consent of both the sides, the matter is heard finally at the stage of admission.

3. The petitioner submitted her nomination form for election to the Gram Panchayat Mirpur, from Ward No. 2. Respondent No. 6 raised an objection to the Returning Officer, on the ground that the petitioner had not completed the age of 20 years and therefore, was not qualified for contesting the election. By the impugned order, the Returning Officer upheld the objection and rejected the nomination, which is under challenge in this Writ Petition.

4. The learned Advocate for the petitioner, by referring to the impugned order points out that simply because the age of the petitioner was appearing as 20 years in the voters list the Returning Officer has passed the impugned order. He, further, points out that even a Transfer Certificate issued by a college in which the petitioner was studying, was produced before the Returning Officer who prima facie recorded an observation that even going by the date of birth mentioned on her Transfer Certificate, she was 22 years and 7 months old. He would point out that purportedly relying on the dec

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