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1989 Supreme(Guj) 80

R.A.MEHTA, P.R.GOKULAKRISHNAN
AMBABHAI POPATBHAI – Appellant
Versus
B. A. PANDEY – Respondent


Advocates Appeared: R.A.MISHRA

P. R. GOKULAKRISHNAN, J.

( 1 ) THIS Letters Patent Appeal is against the order passed by the learned single Judge dismissing Special Civil Application No. 3862 of 1989. In the Special Civil Application the appellant herein has prayed for quashing the orders of the authorities concerned which are at Annexures A and B to the Special Civil Application and has prayed for accepting his nomination paper for the post of Sarpanch of Kapadiali Gram Panchayat. It is clear from the facts of the case that the election process has started and the Returning Officer has rejected the nomination paper of the appellant herein after scrutiny of nominations as per Rule 10 of the Gujarat Gram and Nagar Panchayats Election Rules 1962 The rejection is on the ground that the appellant has mentioned that his name is at Serial No. 107 of the Voters List while as a matter of fact it is at Serial No. 40. Thus it is clear from the facts alleged that the appellant wants to put forth his case on the ground that it is an improper rejection of his nomination paper. Section 24 of the Gujarat Panchayats Act 1961 (Gujarat Act No. VI of 1962) clearly states that the validity of the election of a member of the panchayat





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