1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.4165 of 2010 Ramdas Namdeo Waghade ..vs.. The Returning officer, G.P.Chandrapur Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr.S.Saoji, Adv. for the petitioner. Mr.Joshi, AGP for the resp.no.1. CORAM : B.P. DHARMADHIKARI, J. DATED : AUGUST 31, 2010. It is admitted position that the nomination paper of the petitioner filed on 20th August, 2010 has been rejected on the ground that he has paid arrears of property tax on holiday and the water charges on the day on which he submitted nomination paper. Advocate Saoji has pointed that Gram Panchayat has accepted the property tax on 19/8/2010. He further states that on 20th October, 2010 property tax for period from 1st April, 2010 to 31st March, 2011 has been paid in advance. Lastly, he invites attention to the election programme to say that 21st August, 2010 was the last date prescribed for submission of nomination paper. He, therefore, states that the payment made on a day prior to last day prescribed in election programme 2 for filing of nomination paper is valid. He has relied upon explanation 2(i) of Section 14 of Bombay Village Panchayats Act, 1958 to substantiate his contention. Reliance is being placed upon the judgment of this court reported in AIR 1984 Bombay 448 (Ramkrishna Vithoba Pardhi and ors. ..vs.. W.T.Kamhade and anr.). Learned AGP for respondent no.1 has relied upon reply-affidavit. He states that the payment has been made late and therefore, the nomination paper has been rightly rejected. Nobody has appeared for respondent no.2 though he is served with notice. In the circumstances, as election is scheduled on 5th September, 2010, the matter is heard finally. In view of the clear provision and also the judgment of this court, payment can be made a day prior to last day prescribed in election programme for filing of nomination paper. Here, the nomination paper could have been submitted by 21st August, 2010. The payment has been made on 19/8/2010 only. Payment, therefore, is not belated. Even if the payment of current tax for the year 2010-2011 is taken into account, the said payment on 20th August, 2010 is also within time. The order of rejection of nomination paper cannot be sustained. Same is accordingly quashed and set aside. Respondent no.1 is directed to accept the nomination paper of the petitioner and permit him to 3 contest. Rule is made absolute accordingly. No costs. Steno copy of the order be furnished to the parties. JUDGE chute