1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 3537 OF 2010. Gajanan Kisan Wourwagh -: VERSUS :- The Collector, Akola and others. With WRIT PETITION NO.3541 OF 2010. Sou. Rajkanya Shankarrao Ambhore -: VERSUS :- The Collector, Akola and others. 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. DATED : AUGUST 04, 2010. Heard Shri M.N. Ingley, learned Counsel for petitioners and Shri Sonare, learned AGP for respondents No. 1 & 2. Petitioners have today tendered affidavits that notice of Writ Petitions are served upon respondent no.3 by Fax. They also state that respondent no.3 has withdrawn from elections. Learned A.G.P. upon instructions from respondent no.2 states that respondent no.3 in both the matters has withdrawn her candidature. The contention of learned Counsel for petitioners in both the matters is, both the petitioners submitted their nomination papers on 23.07.2010 after 2 clearing all arrears of taxes on same date. The last date prescribed for nomination is 24.07.2010, the rejection of nomination papers is therefore unsustainable. Reliance is being placed upon Division Bench judgment of of this Court reported at 2009 [3] Mh.L.J. 966 (Deepak Vishwasrao Khule .vrs. Collector, Akola and others), as also judgment delivered by me yesterday i.e. on 03.08.2010 in Writ Petition No. 3556/2010 (Balkrushna R. Wakode vs. Returning Officer, Elections of Gram Panchayat & Ors. ) . Learned A.G.P. on the other hand states that the rejection of nomination papers is proper. He further points out that one Dilip Sahadeo Waghurwar is declared unopposed against the post meant for Scheduled Caste in Ward No.1 and one Sunanda Dilip Waghurwar is declared unopposed against the post reserved for Scheduled Caste (Ladies reserved) from that Ward. This Court issued notice for final disposal on 30.07.2010 and notice was made returnable on 03.08.2010. The order was transcribed and signature was obtained late and hence file became available to office on Monday i.e. 02.08.2010, petitioners therefore could not effect service on respondent no.3 in both the matters. This Court on 03.08.2010 therefore passed another order and gave another Hamdast, which is stated to be served upon respondent no.3 – objector by Fax. But then respondent no.3 – objector has already 3 withdrawn her candidature. It is also stated that as per the election program, on the date of declaration of result i.e. 10.08.2010 result of election against these two posts shall be declared unopposed. The explanation to Section 14[1][h] of the Bombay Village Panchayat Act clearly shows that the arrears can be paid till the date prior to last date prescribed for making nomination. 24.07.2010 was the last date and hence payment of arrears on 23.07.2010 is within time and for such payment nomination papers of both the petitioners could not have been rejected. Hence, respondent nos. 1 and 2 are directed to accept the nomination papers of petitioners in Writ Petition Nos 3537/2010 and 3541/2010 and to hold elections for said posts in Ward No.1 in accordance with law. Impugned orders rejecting their nomination paper are quashed and set aside. Writ Petitions are accordingly allowed. Rule is made absolute in above terms. However, in the facts and circumstances of the case, there shall be no order as to costs. Certified copy expedited. Copy of this order be furnished to learned A.G.P. to act upon. JUDGE Rgd.