Allowed

Shalini Mayur Patil v. the State of Maharashtra and Others

Bombay HC2 Jan 2021WP/20/2021

Case brief

AI extract

What is this about?

This petition concerns the rejection of a candidate's nomination form for village panchayat elections due to a minor defect in submitting proof of 7th standard education. The court held that the defect was curable and ordered the acceptance of the nomination since the petitioner's H.Sc. certificate was on record.

What did the court decide?

The impugned order rejecting the nomination form is quashed and set aside; the petitioner's nomination form is accepted.

Shalini Mayur Patil Vs the State of Maharashtra and Others — Election Law | Bombay HC (2021)

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO.20 OF 2021

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SHALINI MAYUR PATIL

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VERSUS

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THE STATE OF MAHARASHTRA AND OTHERS

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Ms.Nima Suryawanshi h/f Mr.S.S.Patil.

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Mr.A.M.Phule, AGP for respondent Nos. 1 and 3.
Mr.A.B.Kadethankar, Standing Counsel for State Election Commission/
respondent No.2.

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( CORAM : RAVINDRA V. GHUGE, J.) VACATION COURT

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 DATE : 02/01/2021

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PER COURT:

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1. I have heard the learned Advocates for the respective sides.

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2. The Law mandates a candidate born on or after 01/01/1995 to submit proof of having passed 7^th standard examination. The last date

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for scrutiny of the nomination form of the petitioner was 31/12/2020
until entire scrutiny is over.

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3. It is obvious from the record as follows :-

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[a] The petitioner has passed her 12th standard examination.

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khs/Jan.2021/20-d

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[b]The Returning Officer did not follow Rule 11(2-A) of the Bombay
Village Panchayats Election Rules, 1959 for enabling the petitioner to
establish her educational qualifications, which was a minor and curable
defect.

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[c]Her nomination form was rejected without an opportunity of
curing the defect, at 11.50 a.m. on 31/12/2020.

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[d]The Returning Officer accepted her college leaving certificate at

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12.57 p.m. on 31/12/2020 and observed as “ chhanani nantar patra ”.

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4. Considering the above and keeping in view that the finalization

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of the contesting candidates is to be completed by 3.00 p.m. on
04/01/2021, this petition is allowed. The impugned order stands
quashed and set aside and since the petitioner’s H.Sc. school leaving
certificate is already on record, her nomination form stands accepted.

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 ( RAVINDRA V. GHUGE, J. )

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khs/Jan.2021/20-d

Shalini Mayur Patil v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Shalini Mayur Patil v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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