MONIKA RAJENRA MHASKE – Appellant
Versus
THE STATE ELECTION COMMISSION AND OTHERS – Respondent
WP 101/2021
['Salunke V D', 'Adv A B Kadethankar', 'waives', '', 'Adv S E Shekade', 'V P Filed', 'R NO SERVED', 'R NO SERVED']
1 wp 101&102.2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
1017 WRIT PETITION NO. 101 OF 2021
MONIKA RAJENDRA MHASKE
VERSUS
THE STATE ELECTION COMMISSION AND OTHERS
...
Advocate for Petitioner: Mr. Salunke V. D.
Standing Counsel for Respondents No. 1 & 2:
Mr. A. B. Kadethankar
Advocate for Respondents No.3 & 4: Mr. V. D.
Sapkal, Senior Advocate h/f. Mr. S. E. Shekade
...
1018 WRIT PETITION NO. 102 OF 2021
REKHA DEEPAK JATAL
VERSUS
THE STATE ELECTION COMMISSION AND OTHERS
...
Advocate for Petitioner: Mr. Salunke V. D.
Standing Counsel for Respondents No. 1 & 2:
Mr. A. B. Kadethankar
Advocate for Respondents No.3 & 4: Mr. V. D.
Sapkal, Senior Advocate h/f. Mr. S. E. Shekade
...
CORAM:S. V. GANGAPURWALA &
SHRIKANT D. KULKARNI, JJ.
DATE: 14th JANUARY, 2021
PER COURT:
1.
To avoid rigmarole both these writ petitions
are decided together and the facts are taken from
Writ Petition No. 101 of 2021.
2 wp 101&102.2021
2.
The petitioner had filled in the nomination
form for the election of the post of Member of
Grampanchayat from Ward No. 3B and Ward No. 3C.
The nomination paper of the petitioner for both
viz. Ward No. 3B and Ward No. 3C were accepted.
The name of the petitioner appeared in the list of
validly nominated candidates. On the date meant
for withdrawal of the nomination paper the
petitioner filed an application seeking withdrawal
of nomination from Ward No. 3C. It is the
contention of the petitioner that without issuing
notice to the petitioner and without affording any
opportunity to the petitioner the Returning
Officer arbitrarily passed an order directing that
the candidature of the petitioner stands withdrawn
from Ward No. 3B and Ward No. 3C. The said order
of the Returning Officer is assailed in the
present writ petition.
3.
The Division Bench at the Principal Seat at
Bombay had referred following issues to the Full
Bench-
3 wp 101&102.2021
“(i)Does allowing a challenge in a writ
petition to rejection of nomination form to
contest an election and granting the relief
claimed by setting aside such order of
rejection, amount to intervention,
obstruction or protraction of the election or
is it a step to facilitate the process of
completion of election?
(ii)Whether rejection of nomination form
would attract the provisions of Article 243-
O(b) of the Constitution of India?
(iii)
Are the views expressed by the
Division Benches of this Court in the cases
of (i) Sudhakar s/o. Vitthal Misal vs. State
of Maharashtra and Ors., reported in 2007 (6)
All MR 773, and (ii) Smt. Mayaraju Ghavghave
vs. Returning Officer for Gram Panchayat,
Dhamangaon and Anr., reported in 2004(4) ALL
MR 258, correct, or does the decision in the
case of Vinod Pandurang Bharasakade vs.
Returning Officer, Akot and Anr., reported in
2003(4) Mh.L.J. 359, represents the correct
view in law?”
4.
The Full Bench of this Court under its
judgment and order dated January 13, 2021 passed
in Writ Petition (St.) No. 26 of 2021 with
connected writ petition, answered the said
Reference and held as under-
“(i)
Allowing a challenge in a writ
petition to rejection of nomination form to
contest an election and granting the relief
claimed by setting aside such order of
rejection is definitely not a step to sub-
serve the progress of election and/or
facilitate its completion in the sense
enunciated in Mohinder Singh Gill (supra) and
explained in Ashok Kumar (supra) though it
4 wp 101&102.2021
may not always amount to intervention,
obstruction or protraction of the election;
(ii)
Article 243-O(b) of the Constitution
of India is a bar for entertaining a writ
petition under Article 226 of the
Constitution against an order passed by the
Returning Officer rejecting nomination paper
and such provision would clearly be attracted
whenever a writ petition is present