D.A.MEHTA

1. Rule. Considering the urgency and the subject matter of the petition, with consent of the parties, the petition is taken up for final hearing and disposal today. The learned AGP appearing on behalf of the respondents authorities is directed to waive service.

2. The brief facts necessary for the present are that the petitioner filled up nomination form for the post of Sarpanch of the Gram Panchayat of village Bamroli, Taluka: Jetpur-Pavi, District Vadodara pursuant to notification dated 31.12.2007 relating to election of members and sarpanch of the aforesaid gram panchayat. It is an admitted position that the post in question, namely of the sarpanch, relates to Socially and Educationally Backward Class (woman), while the ward in question was Anusuchit AdiJati (woman). The election schedule provided for scrutiny of nomination forms to be undertaken on 7.1.2008 from 11.00am onwards till the point of time the scrunity was complete. The nomination form of the petitioner came to be rejected vide communication/order dated 7.1.2008 (Annexure-C), whereunder, the reason assigned for rejection is stated to be that the petitioner is shown to have surname 'Rathva' in th