Case Note & Summary
The petitioner, Kashibai w/o Nanrao Gadgile, filed a writ petition challenging the order of the District Judge dated 7/2/2017, which upheld the Returning Officer's rejection of her nomination paper for the Zilla Parishad and Panchayat Samiti General Election 2017 from 89-Kawalgaon Constituency. The District Judge held that the petitioner failed to comply with Rule 16 of the Maharashtra Zilla Parishads and Panchayat Samitis Rules, 1961. The High Court examined Rule 16(2) and found that it clearly requires the proposer to be a person whose name is entered in the list of voters for the electoral college for which the candidate is nominated. In this case, the proposer was not a voter from the same electoral college. Consequently, the court dismissed the petition, upholding the rejection of the nomination paper.
Headnote
A) Election Law - Nomination Paper - Rejection - Rule 16(2) of Maharashtra Zilla Parishads and Panchayat Samitis Rules, 1961 - The proposer must be registered as a voter from the same electoral college from which the candidate intends to contest. The petitioner's proposer was not a voter of the same constituency, leading to valid rejection. (Paras 3-4)
Issue of Consideration
Whether the rejection of nomination paper by the Returning Officer and the District Judge's order upholding it were correct in law
Final Decision
The High Court dismissed the writ petition, upholding the order of the District Judge and the rejection of the nomination paper by the Returning Officer.
Law Points
- Rule 16(2) of Maharashtra Zilla Parishads and Panchayat Samitis Rules
- 1961 requires proposer to be a voter from the same electoral college as the candidate
Case Details
2017 LawText (BOM) (02) 33
Writ Petition No.1977 of 2017
Shri V.D. Salunke holding for Shri M.P. Kale for petitioner; Shri S.T. Shelke for respondent Nos.1 and 2
Kashibai w/o Nanrao Gadgile
The State Election Commission, Maharashtra State, Mumbai; The Returning Officer, Zilla Parishad and Panchayat Samitis General Election - 2017 for 89-Kawalgaon Constituency; Gangabai w/o Uttamrao Gadgile; Ujwala w/o Narayan Pisal; Rukhminbai w/o Marotrao Pisal; Sangita w/o Balaji Pisal; Shivnanda w/o Gajanan Dhavan; Godavari w/o Anandrao Sontakke; Meenatai w/o Govind Dhavan; Swati w/o Deepak Uttkar
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Nature of Litigation
Writ petition challenging the order of the District Judge upholding rejection of nomination paper
Remedy Sought
Petitioner sought to set aside the order of the District Judge and the Returning Officer rejecting her nomination paper
Filing Reason
The petitioner's nomination paper was rejected by the Returning Officer on the ground that the proposer was not a voter from the same electoral college, which was upheld by the District Judge
Previous Decisions
District Judge's order dated 7/2/2017 upheld the Returning Officer's rejection of nomination paper
Issues
Whether the rejection of nomination paper by the Returning Officer was correct in law
Whether the District Judge's order upholding the rejection was proper
Submissions/Arguments
Petitioner argued that the rejection was illegal and incorrect
Respondents supported the rejection as per Rule 16(2)
Ratio Decidendi
Under Rule 16(2) of the Maharashtra Zilla Parishads and Panchayat Samitis Rules, 1961, the proposer must be a person whose name is entered in the list of voters for the electoral college for which the candidate is nominated. Since the proposer in this case was not a voter from the same electoral college, the rejection of the nomination paper was valid.
Judgment Excerpts
This petition questions the legality and correctness of the order of the District Judge, dated 7/2/2017, holding that the petitioner failed to comply with the provisions of Rule 16 of the Maharashtra Zilla Parishads and Panchayat Samitis Rules, 1961 and, therefore, her nomination paper was rightly rejected by the Returning Officer.
On perusal of Rule 16(2), it becomes clear that a person who signs as a proposer must be the one whose name is entered in the list of voters for the electoral college for which the candidate is nominated.
Procedural History
The Returning Officer rejected the petitioner's nomination paper. The petitioner appealed to the District Judge, who upheld the rejection on 7/2/2017. The petitioner then filed the present writ petition before the High Court.
Acts & Sections
- Maharashtra Zilla Parishads and Panchayat Samitis Rules, 1961: Rule 16, Rule 16(2)
