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1998 Supreme(Guj) 7

J.M.PANCHAL
VINODBHAI BIKHABHAI HARIJAN – Appellant
Versus
ELECTION OFFICER and ADDITIONAL TALUKA DEVELOPMENT OFFICER – Respondent


Advocates Appeared: PARESH M.DAVE, Samir Dave

J. M. PANCHAL, J.

( 1 ) BY means of filing this petition under Art. 226 of the constitution, the petitioner has prayed to issue a writ of mandamus or any other appropriate writ, direction or order to set aside order dated December 31, 1997 passed by respondent No. 1 by which nomination paper presented by the petitioner for contesting election as a member of Vadsala Gram Panchayat, is rejected on the ground that name of the petitioner does not appear at serial No. 533 in the electoral roll prepared on August 4, 1997.

( 2 ) THE petitioner is a resident of village Vadsala. The State Election Commission issued notification in Official Gazette for holding election of Sarpanch and members to Vadsala Gram Panchayat. On December 12, 1997 a public notice was published by the Returning Officer, i. e. , respondent No. 1 of the intended election in Form 3 inviting nominations of candidates for said election. In pursuance of public notice, the petitioner presented nomination paper on December 29, 1997 to contest election as a member of said Panchayat. The respondent No. 1 rejected nomination paper of the petitioner on December 31, 1997 on the ground that name of the petitioner did not appear at









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