1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 3921 OF 2010 (Pralhad D. Rathod vs. Returning Officer, Election to Gram Panchayat & Anr.) WITH WRIT PETITION NO. 3922 OF 2010 (Pralhad D. Rathod vs. Returning Officer, Election to Gram Panchayat & Anr.) AND WRIT PETITION NO. 3923 OF 2010 (Pralhad D. Rathod vs. Returning Officer, Election to Gram Panchayat & Anr.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. AUGUST 13, 2010. Heard Shri Chopde with Shri Band, learned counsel for the petitioner and Shri Sonare, Shri Patel and Shri Jaiswal, learned AGPs for respondent No.1 in respective writ petitions. The petitioner contend that Respondent No. 2 in respective writ petitions have been permitted to contest from Ward in which they are not voters. Attention is being invited to provisions of Section 33(5) of Bombay Village Panchayats Act, 1958 (hereinafter referred to as BVP Act) and the Representation of the People Act, 1950, for this purpose. The learned AGPs have invited attention to the provisions of Section 13 of BVP Act. They point out that any villager whose name appears in voters list can contest for any Ward in the village. I have perused the provisions of Section 13 of 2 the BVP Act, which titles “Persons qualified to vote and be elected”. As per sub-section (1) of Section 13, every person, who is not less than 21 years of age and whose name appears in the list of voters, unless disqualified, is competent to vote at the election of a member for the ward to which such list relates. Thus, voters list has to be Ward-wise and a voter, therefore, can vote only for a candidate from his ward. Section 13(2) states that person whose name appears in such list of voters is qualified to be elected for any Ward of the village. It also states that person whose name is not entered in the list of voters for such village, is not qualified to be elected for any ward in that village. It is, therefore, apparent that the provisions of Bombay Village Panchayats Act, contain a specific provision in this respect and hence reference to the Representation of the People Act, is unwarranted. When Section 13(2) and (2) of the BPV Act are read in contradistinction, it is explicit that a person whose name appears in the list of voters of the village, can contest from any Ward in that village. No case is made out warranting any interference. Writ Petitions are, therefore, rejected. However, there shall be no order as to costs. JUDGE *GS.