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2021 Supreme(Bom) 11

R.D.DHANUKA, MADHAV J.JAMDAR
Shivaji Laxman Wadkar – Appellant
Versus
Election Returning Officer, Grampanchayat Velu, Tal. Bhor, Dist. Pune – Respondent


Advocate Appeared:
For the Petitioners:R.A. Thorat, Senior Advocate, a/w. Balasaheb Deshmukh, Advocate.
For the Respondents:Rajiv Patil, Senior Advocate, i/b. Prashant Patil, Advocates, S.S. Panchpor, A.G.P.

JUDGMENT :

R.D. DHANUKA, J.

1. By this writ petition filed under Article 226 of the Constitution of India, the petitioner has impugned the order dated 31st December, 2020 passed by the respondent no.1 thereby rejecting the written objection filed by the petitioner in respect of the Nomination Form filed by the respondent no.2 for contesting the election from Ward No.4 of Gram Panchayat Velu, Taluka Bhor, District Pune.

2. The matter was taken on board in view of the praecipe filed by the respondent no.2 praying for vacating the ad-interim order passed by a learned Single Judge of this court (Vacation Court in Chamber).

3. Mr.Thorat, learned senior counsel for the petitioner submits that the writ petition filed by his client was rightly heard by the learned Single Judge. This petition cannot be heard by the Division Bench. In support of this submission, learned senior counsel placed reliance on Rule 18(3) of the Bombay High Court Appellate Side Rules, 1960 which reads as under:-

    18(3) The decrees or the orders passed by any Subordinate Court or by any quasi Judicial Authority in any suit or proceeding (including suits and proceedings under any Special or Local Laws), but excluding those

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