Back
A. S. CHANDURKAR, M. S. JAWALKAR
Yogita – Appellant
Versus
Maharashtra Election Commission – Respondent
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
The principle of restitution and entitlement to reliefs sought based on the consequences of the dismissal of the writ petition.
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 Ju....
The rejection of a nomination for a village panchayat election based on statutory qualifications is not remediable through a writ petition due to the bar under Article 243(O)(b) of the Constitution o....
Point of Law : Section 11B of the Act provides for election of Pradhan. Section 11D of the Act makes certain further prohibitions in respect of the persons who are seeking election as a Pradhan.
The election procedure mandates strict adherence to nomination rules, and the High Court can intervene even when alternative remedies exist, acknowledging the violation of rights of the unopposed can....
A candidate cannot be declared elected merely based on receiving the second highest votes unless they prove eligibility under relevant laws following disqualification of another candidate.
The election of a candidate can be declared void if they fail to disclose material information in their nomination, affecting the election outcome, as per the Bihar Panchayat Raj Act.
Mandatory disclosure of information by contesting candidates in Panchayat Raj elections, and the consequences of non-disclosure or suppression of information.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
