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A. S. CHANDURKAR, M. S. JAWALKAR
Yogita – Appellant
Versus
Maharashtra Election Commission – Respondent


Advocates Appeared:
A.P.Thakre, Advocate, J.B.Kasat, Advocate, N.R.Patil, Advocate, R.S.Sirpurkar, Advocate, T.M.Shende, Advocate

JUDGMENT

A.S.CHANDURKAR, J.

1. RULE. Rule made returnable forthwith and heard the learned counsel for the parties.

2. On 15/12/2020, a notification was published with a view to hold elections of Members of Gram Panchayat Marda. Seven members were to be elected from three Wards. The petitioner on 29/12/2020 filed her nomination form for the post of Member under the category of Backward Class of Citizens from Ward No.1. The fifth respondent also filed her nomination form under the same category. There were thus two nomination forms that were filed for contesting elections in the category of Backward Class of Citizens from Ward No.1. On scrutiny, the petitioner's nomination form was found to be valid while the nomination form of the fifth respondent came to be rejected. The fifth respondent being aggrieved by the order rejecting her nomination form filed Writ Petition No.116 of 2021. On 4/1/2021 the learned Single Judge while issuing notice in the writ petition granted ad-interim relief and directed the Returning Officer to accept the nomination form of the fifth respondent, the same being made subject to the result of the writ petition. Consequently, the nomination form of the fifth r

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