KALIDAS KARSANBHAI CHAVDA Vs. RETURNING OFFICER VADODARA JILLA PANCHAYAT ELECTIONS

JUDGEMENT

(1.) The petitioner Kalidas Karsandas Chavda residing at village Anguthan Taluka Dabhoi district Vadodara was aggrieved by the order passed by respondent No. 1 the Returning Officer who rejected his nomination paper for the election to be held of the concerned Panchayat. For the election in question the nomination papers were to be filled in by the contesting candidates by 5/01/1981 and the scrutiny of the nomination papers was to take place on 6/01/1981

(2.) It is the grievance of the petitioner that his nomination paper was rejected on the ground of omission to mention the name of the scheduled caste to which he belongs It may be noted at this stage that at the relevant time there were only two contesting candidates and as the nomination paper of the petitioner was rejected on the ground of omission to mention the name of the scheduled caste respondent No. 2 Shri Nathabhai Mavjibhai Parmar was declared elected as an uncontested candidate.

(3.) It is under these circumstances that the petitioner was aggrieved by the impugned order or action taken by the Returning Officer and has filed the present petition under Article 226 of the Constitution. In essence and substance the Returning Officer applied the provisions of sec. 33 (2) of the Representation of the People Act 1951 and followed the reported decision of the Supreme Court in V. V. Giri v. D. S. Dora AIR 1959 Supreme Court 1318