Point of Law: Election – Rejected nomination paper - Maintainability of Petition - Petition would not be maintainable against an order rejecting a nomination paper - Section 15 confers very wide powers on trial Judge to decide validity of an election, without specifying any grounds - Sub-section (7) of S.15 prohibits setting aside of an election only on ground of an error made by Officer charged with carrying out rules.

JUDGMENT :

Hearing was conducted through Video Conferencing and the learned counsel agreed that the audio and visual quality was proper.

(2) At the outset when the writ petition is taken up for hearing, a strong challenge is raised on behalf of the respondents, with regard to the very maintainability of the writ petition, in the light of the recent judgment of Full Bench of this Court dated 13/01/2021 passed in Karmaveer Tulshiram Autade And Ors. Vs. The State Election Commission and Ors., WPST 26 OF 2021 & connected petitions. It is contended that in view of the specific questions framed and answered in the said judgment of the Full Bench of this Court, the present writ petition deserves to be dismissed, as not maintainable, in view of the specific bar contemplated under Article 243-O(b) of the Constitution of India and Section 15A of the Maharashtra Village Panchayats Act, 1959 (Act of 1959). It is submitted that the grievance sought to be raised by the petitioner in this writ petition can be raised only by way of election petition, as contemplated under Section 15 of the Act of 1959.

(3) The respondent No.3 declared election program for elections to Grampanchayats including Grampanchayat, Dongaon, with which the present petition is concerned. As per the election program, on 14/12/2020, the final voters list was published. The nomination forms were to be filled by candidates between 23/12/2020 to 30/12/2020. The scrutiny of nomination forms was to take place on 31/12/2020 and the nomination forms could be withdrawn on 04/01/2021. The final list of candidates and allotment of symbols was to be done on 04/01/2021 and the polling date was fixed for 15/01/2021 between 07.30a.m. to 05.30p.m. On 18/01/2021, the counting of votes was fixed, followed by the declaration of result. The petitioner claims in the writ petition that she filled her nomination form in the category of Backward Citizen Category – Women (BCC-W) for which one seat was reserved in ward No.1. Upon scrutiny of the nomination forms, the respondent No.2 – the Returning Officer published list of nomination forms found to be valid. The petitioner was shocked and surprise to find her name mentioned in the Backward Citizen Category (BCC). In the category of BCC-W, only the name of respondent No.4 as having filled valid nomination form was found, with the result that there was every chance of her being elected unopposed. Since last date for publishing the final list of candidates and allotment of symbols was dated 04/01/2021, the petitioner was constrained to urgently file the present writ petition on 02/01/2021.

(4) The writ petition was taken up for consideration in view of the extreme urgency on 04/01/2021 and upon hearing the learned counsel for the petitioner, this Court found that the petitioner had made out a prima facie case in her favour. This Court found that while filling the nomination form, the petitioner appeared to have stated that she was contesting for BCC-W category and in the column specifically asking as to whether the candidate was contesting on a seat reserved for women, the petitioner had answered in the affirmative. This Court also found that in the documents filed along with nomination form, the petitioner had stated that she was filling the nomination form for election in the BCC-W category. On this basis, prima facie, this Court found that the Returning Officer had erred in accepting the nomination form of the petitioner in the BCC category, instead of BCC-W category,

(5) On this basis, interim relief was granted in favour of the petitioner in terms of prayer clause(d) subject to the result of the writ petition. The said prayer clause reads as follows :-

“d. during pendency of instant petition, by way of interim order, be pleased to direct the respondent No.2 i.e. the Returning Officer for Elections of Grampanchayat Dongaon and Naib-Tahsildar, Mehkar to provisionally accept the nomination paper of petitioner submitted for a seat reserved for Backward