Decided on December 06,2017

Sayeed Abdul Rashid Shaikh Appellant
Returning Officer And Ors Respondents


- (1.) By this writ petition, the petitioner has challenged the order of the returning officer dated 15th November 2017 disqualifying the petitioner from contesting election to the Dahanu Municipal Council. The petitioner has also challenged the order of the learned District Judge, Palghar in Election Appeal No.2 of 2017. It is stated on behalf of the petitioner that as the petitioner has only two living children, the petitioner cannot be disqualified on the ground that the third child was begotten after the cut off date, since one of the two children born before the cut off date had expired. It is stated that the returning officer and the learned District Judge wrongly held that the petitioner's nomination form was liable to be rejected as the third child was born after the cut off date when the same was born after one of the two children had expired.
(2.) It is stated that though the judgment of this Court in the case of Mangesh Chikhale Vs. State of Maharashtra & Ors, on which the authorities have relied on is carried to the Hon'ble Supreme Court and the Hon'ble Supreme Court has permitted Mangesh Chikhale to contest the election to the municipal council, the said interim order was not considered by the authorities while rejecting nomination form of the petitioner. It is stated that the case of the petitioner is squarely covered by the order dated 4th October 2012 in writ petition no. 3077 of 2012 in the case of Sau. Bharti Sunil Wadal Vs. Subhash Bhagwan Mukunde and Ors.
(3.) Issue notice to the respondents returnable on 18th December 2017.;

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