Case Note & Summary
The petitioner, Dr. Satish Sadashiv Kulkarni, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 19.1.2011 passed by the Joint Civil Judge, Jr.Dn., Mehkar in Election Petition No. 1 of 2008, which dismissed his election petition. The petitioner had filed the election petition challenging the rejection of his nomination paper by the Returning Officer on 10.12.2007 under Section 14(1)(h) of the Bombay Village Panchayats Act, 1958. The petitioner contended that the rejection was bad and unsustainable. The court heard the learned counsel for the petitioner and the AGP for respondent no. 11. The court found that the Returning Officer had not applied his mind properly and had not recorded any reasons for rejecting the nomination. The court held that the rejection was unsustainable and allowed the writ petition, setting aside the order of the trial court and the rejection of the nomination paper. The court directed that the petitioner be treated as a validly nominated candidate and that the election process be completed accordingly.
Headnote
A) Election Law - Rejection of Nomination - Section 14(1)(h) Bombay Village Panchayats Act, 1958 - Returning Officer's Power - The Returning Officer rejected the petitioner's nomination paper without proper application of mind and without recording valid reasons. The court held that the rejection was unsustainable and set aside the order of the Election Petition dismissing the challenge. (Paras 2-6)
Issue of Consideration
Whether the rejection of the petitioner's nomination paper by the Returning Officer under Section 14(1)(h) of the Bombay Village Panchayats Act, 1958 was valid and sustainable.
Final Decision
Writ petition allowed. Order dated 19.1.2011 passed by Joint Civil Judge, Jr.Dn., Mehkar in Election Petition No. 1 of 2008 is set aside. The rejection of nomination paper of the petitioner is set aside. The petitioner shall be treated as a validly nominated candidate and the election process shall be completed accordingly.
Law Points
- Rejection of nomination paper must be based on valid grounds and proper application of mind
- Returning Officer must record reasons for rejection
- Election petition can be allowed if rejection is unsustainable
Case Details
2012 LawText (BOM) (03) 147
Writ Petition No. 1339 of 2011
Mr. S.G. Joshi h/f Mr. Anil Mardikar for Petitioner, Mr. D.B. Patel AGP for respondent no. 11
Dr. Satish Sadashiv Kulkarni
Gram Panchayat, Janefal through Secretary B.K. Girhe and others
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Nature of Litigation
Writ petition under Articles 226 and 227 of Constitution of India challenging order of Joint Civil Judge dismissing election petition.
Remedy Sought
Petitioner sought setting aside of order dated 19.1.2011 dismissing Election Petition No. 1 of 2008 and declaration that rejection of his nomination paper was bad.
Filing Reason
Rejection of petitioner's nomination paper by Returning Officer under Section 14(1)(h) of Bombay Village Panchayats Act, 1958.
Previous Decisions
Election Petition No. 1 of 2008 was dismissed by Joint Civil Judge, Jr.Dn., Mehkar on 19.1.2011.
Issues
Whether the rejection of nomination paper by Returning Officer was valid and sustainable.
Submissions/Arguments
Petitioner argued that rejection of nomination paper was bad and unsustainable.
Respondent no. 11 (Election and Returning Officer) was represented by AGP.
Ratio Decidendi
The Returning Officer must apply his mind and record reasons for rejecting a nomination paper; failure to do so renders the rejection unsustainable.
Judgment Excerpts
The challenge in the present petition under Articles 226 and 227 of Constitution of India is to the order dated 19.1.2011 passed by Joint Civil Judge, Jr.Dn., Mehkar, in Election Petition No. 1 of 2008, dismissing the same.
Petitioner filed that election petition pointing out that rejection of his nomination paper on 10.12.2007 by Returning Officer under section 14(1)(h) of the Bombay Village Panchayats Act, 1958 is bad and as the rejection of nomination paper is unsustainable, the petitioner prayed for setting aside the same.
Procedural History
Petitioner filed Election Petition No. 1 of 2008 before Joint Civil Judge, Jr.Dn., Mehkar challenging rejection of nomination. The petition was dismissed on 19.1.2011. Petitioner then filed Writ Petition No. 1339 of 2011 before Bombay High Court, Nagpur Bench.
Acts & Sections
- Bombay Village Panchayats Act, 1958: Section 14(1)(h)
- Constitution of India: Articles 226, 227
