LAXMAN NARAYAN POKALE Vs. BLOCK DEVELOPMENT OFFICER
LAWS(BOM)-1962-1-15
HIGH COURT OF BOMBAY
Decided on January 09,1962

Laxman Narayan Pokale Appellant
VERSUS
BLOCK DEVELOPMENT OFFICER Respondents


Referred Judgements :-

SHRIDHAR V. COMMR. OF NAGPUR DIVISION [REFERRED TO]
YESHWANTA MAHADEO DHIRDE VS. NANDKISHORE GHANASHYAMLAL JAISWAL [REFERRED TO]


JUDGEMENT

KOTVAL,J. - (1.)The petitioner Laxman Narayan Pokale was a candidate for election to the Gram Pauchayat of Mouza Hmgni from ward No. 3. The Gram Panchayat was to consist of thirteen members out of which two seats were reserved for women candidates. The programme announced for the election was as follows: - (i) The last date for filing nominations was ... 22 -9 -1961 (ii) Scrutiny of the nominations was to take place on ... 23 -9 -1961 (iii) The last date for the withdrawal of nominations was ... 4 -10 -1961 & (iv) The election was scheduled to be held on ... 18 -10 -1961.
(2.)THE petitioner and respondents Nos. 3 to 10 had filed their nominations; but by an order passed on September 23, 1961, respondent No. 2, who was the Returning Officer for the election rejected the nomination, of the petitioner. An appeal was preferred before respondent No. 1, the Block Development Officer, but it was also rejected on September 27, 1961, with the result that the petitioner's nomination stood rejected. It is against these orders rejecting his nomination that the petitioner applies to this Court under Articles 226 and 227 of the Constitution.
The ground of rejection of the petitioner's nomination was that he was a patel appointed by Government and as such he was disqualified by virtue of the provisions of Section 14 (i) of the Bombay Village Panchayats Act, 1958 (No. III of 1959) under which the election was to be held. The view which the authorities below have taken is that revenue patels and police patels are not eligible to stand as candidates for election in view of the provisions of Section 14(i) of the Act as they are Government servants.

(3.)SECTION 14(1) of the Bombay Village Panchayats Act runs as follows: - 14. No person shall be a member of a panchayat, or continue as such, who -...(i) is a servant of the Government or a servant of any local authority;


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