{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.9852 OF 2010 Bebabai Prakash Bhil, age: 32 years, Occ: Household, R/o At Purnad, Post Uchanda, Tq.Muktainagar, Dist.Jalgaon. Petitioner Versus 1 The State of Maharashtra, through Tahsildar, Tq.Muktainagar, Dist.Jalgaon. 2 The Election / Returning Officer, Bye Election of Village Panchayat, Purnad, Tq. Muktainagar, District Jalgaon. Respondents Mr.V.B.Patil, advocate for petitioner Mr.K.J.Ghute Patil, A.G.P for respondent no.1. Mr.S.T.Shelke, advocate for respondent no.2. CORAM : R.M.BORDE, J. DATE : 20 th October, 2010 ORAL JUDGMENT: 1 Heard learned Counsel for respective parties. Rule. Rule made returnable forthwith and heard finally by consent of learned Counsel for respective parties. 2 The nomination paper tendered by the petitioner with a view to contest election to a seat of member of village panchayat Purna, Tq. Muktainagar, from ward no.1, came to be rejected by the Returning Officer on the ground that the name of petitioner­candidate is not appearing in the voters’ list prepared for said ward. {2} 3 It is not controverted that name of petitioner appears in the voters’ list of ward no.2. In view of provisions of Section 13(2) of the Bombay Village Panchayats Act, petitioner is eligible to contest election as against a reserved seat earmarked in Ward No.1 even though his name appears in the voters’ list in some different ward. The rejection of nomination paper by the Returning Officer was, obviously, erroneous and against the provisions of law. Writ Petition, therefore, needs to be allowed. 4 In the result, Writ Petition is allowed. The order passed by Returning Officer rejecting nomination paper of the petitioner is quashed and set aside and the Returning Officer is directed to accept nomination paper of the petitioner from amongst reserved category. The Returning Officer shall take further steps as prescribed under the election programme. 5 Rule is accordingly made absolute. In the facts and circumstances of this case, there shall be no order as to costs. Copy of this order, duly authenticated by the Sheristedar of this Court, be supplied to learned Counsel for respective parties. R.M.BORDE JUDGE adb/wp985210