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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO. 9620 OF 2012

Jagannath Gurubas Torkade

.. Petitioner

Versus

The State Election Commission

and others

.. Respondents

Shri G. N. Chincholkar, Advocate for the Petitioner.

Shri S. T Shelke, Advocate for Respondent Nos. 1 and 3.

Smt. R. K. Ladda, A.G.P. for the Respondent/State.

CORAM : S. V. GANGAPURWALA, J.

DATE : 23RD NOVEMBER, 2012.

PER COURT :

.

Shri Chincholkar, the learned counsel submits that, the

petitioner has filed election petition challenging election of the

respondent No. 5. Prima facie the respondent No. 5 was not

eligible to contest the election. His name does not appear in the

voters list. When the respondent No. 5 was not eligible to contest

the election in absence of his name in voters list, the Court ought

to have granted injunction restraining the respondent No. 5 from

participating and voting in the election of Sarpanch. The Trial

Court has wrongly rejected the application on the count that

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U/Sec. 15 of the Bombay Village Panchayat Act