1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, NAGPUR BENCH, NAGPUR WRIT PETITION NO.3553/2008 Gulam Ali s/o Ayub Ali ...Versus... The Addl. Commissioner, Amravati Division, Amravti and others -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- [Shri N.N. Motghare, Adv. for petitioner] CORAM:- A.B. CHAUDHARI, J. DATED :- 21.08.2008 Heard learned Counsel for the petitioner. There is no dispute that nomination form was filed by the petitioner at 12:10 p.m. i.e. after the appointed time, which was from 11:00 p.m. to 12:00 hours. He relied on the Division Bench decision of this Court reported in 1965 Mh.L.J., Note-15 and argued that filing of nomination after expiry of time has been held to be a defect not of substantial character, as according to the Division Bench of this Court, the same will not vitiate the result of the election, unless it is shown that the votes obtained by such candidate would have affected result of election. 2 The Courts below have relied on the decision of the Supreme Court in the case of Harjit Singh Mann...Versus...S.Umrao Singh and others, reported in AIR 1980 Supreme Court 701 and in that judgment and particularly paragraph Nos.7 and 8 thereof the Supreme Court has categorically held that the same is the defect of substantial nature and that being so, the election is vitiated. What is binding on me is the judgment of the Supreme Court and not the Division Bench judgment of this Court. Hence, there is no difficulty in upholding the impugned order. The writ petition is, therefore, rejected. No order as to costs. JUDGE ssw