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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 190 OF 2021

Kantabai Prakashrao Ghuge Vs. Returning Officer/Tahsildar, Gram Panchayat ,

Masrul, Tah. Malegaon, District Washim.

_______________________________________________________________________

Office Notes, Office Memoranda of Coram,

appearances, Court'

s orders of directions

Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri A.V. Band, Advocate for petitioner.

Shri S.M. Ukey, Addl. GP for respondent.

Shri U.J. Deshpande, Advocate for intervenor-Lalita.

CORAM : V.M. DESHPANDE, J.

DATE : JANUARY 13, 2021.

CIVIL APPLICATION (CAW) NO. 69 OF 2021

This civil application was not on today’s board. In

the morning session, Shri Deshpande, learned counsel for

the intervenor -Lalita Ghuge, made a request to this Court

that Writ Petition No.190 of 2021 be taken up on board at

02:30 p.m. because on 11.01.2021 petitioner – Kantabai by

suppressing material fact from this Court, has obtained

interim order.

(2)

In view of this, this Court has granted circulation

of this civil application along with writ petition at 02:30 p.m.

At the same time, this Court asked the learned Additional

Government Pleader of this Court Shri S.M. Ukey to take

instructions in respect of the statement of fact made by

intervenor – Lalita, in her intervention application.

(3)

The intervention application is allowed and

disposed of accordingly.

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WRIT PETITION NO. 190 OF 2021

(4)

On 11.01.2021, it was canvassed before this

Court by the petitioner through her counsel that the

petitioner though was intended to contest from Ward No.1

for a seat “General (Woman)” from Gram Panchayat, Marsul,

Tahsil Malegaon, District Washim, her name was shown as a

candidate contesting election from Ward No.1 “General” and

not from “General (Woman)”. On 11.01.2021, some

documents were pointed out to this Court by learned

counsel Shri Amit Band and relying on the said documents

this Court passed interim order, primarily because the

nomination paper of the petitioner was accepted. However,

instead of “General (Woman)” seat, her name was appearing

from “General” only. Therefore, interim order was that the

petitioner was permitted to contest the election from Ward

No.1 for the seat “General (Woman)” of Gram Panchayat,

Masrul. It was observed that election process may go on and

the election result shall be subject to result of this petition.

(5)

Today, intervenor – Lalita Yashwant Ghuge, who

is also one of the contestants in Gram Panchayat, Masrul for

Ward No.1, pointed out to the Court that on 04.01.2021

intervenor was the only candidate from General (Woman)

category and therefore the Election Officer published the list

of the candidates contesting the election on notice board.

This particular notice is suppressed by the petitioner in the

present petition thereby suppressing the fact that the

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intervenor was found to be the only candidate and was

unopposed, though the certificate as elected candidate will

be given to her on the date of counting of votes.

(6)

The learned Additional Government Pleader also

on instructions from authorities supported the submission

made by learned counsel for intervenor.

(7)

It is really unfortunate on the part of the

petitioner not to disclose the such a material fact before the

Court. It is altogether different what could have been the

effect of that notice on the merits or demerits of the petition.

It is quite possible that the Court would have taken the very

same view, which the Court has taken on 11.01.2021.

However, it is a very cardinal principle of law that a litigant,

who is approaching to the Court must approach with clean

hands. Suppression of material fact is never accepted by the

Court. On 11.01.2021, it was more the duty of the

petitioner to disclose each and every happenings, since on

the said day nobody were present from the respondent’

s

side.

(8)

The learned counsel for t