1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 3825 OF 2010 (Sau. Laxmi D. Bhagure vs. Returning Officer for Election to Gram Panchayat, Walgaon) 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 16, 2010. Looking to the nature of controversy, heard finally with the consent of Shri Kasat, learned counsel for the petitioner and Shri Patel, learned AGP for the respondent. Shri Kasat, learned counsel contends that rejection of nomination paper of the petitioner, only because the declaration is not signed above verification by her, is erroneous. He states that below verification, signature has been placed and all clauses in the nomination paper including declaration are duly filled in. Only at one place, the petitioner has forgotten to place her signature. His further contention is, while verification during scrutiny, Returning Officer could have obtained signature of the petitioner. The learned AGP has contended that signature on declaration is missing and the orders issued by State Election Commission on 15.03.2004 contemplate rejection of nomination paper in such circumstances. He also states on oral instructions that 2 certain oral objections were raised about the absence of signature. The perusal of the directions issued by the State Election Commission on 15.03.2004 shows that if candidate does not submit declaration, his nomination paper should be rejected. Here declaration on nomination paper duly stamped and filled in has been submitted by the petitioner. All clauses therein are also filled in. At the end of said declaration, on its last page, the verification appears. Even that verification has been filled in by her by placing signature and that signature is verified by Returning Officer by placing his seal and signature below it. At the end of earlier page, the words in Marathi signifying “deponent” appear as part of clause (4). The petitioner has not placed her signature at that place. The facts, therefore, clearly show that the petitioner has filed necessary declaration along with her nomination paper. The place specified for her signature is part of clause (4) at its end and also at the end of that page. Not noticing that place cannot, therefore, be said to be a deliberate or malafide act. It can be accidental also. The intention to fill in declaration and to accept responsibility also shows from the signature placed by her on declaration at its last page below verification. Thus, absence of signature on earlier page is not deliberate and also not a material mistake sufficient to reject the nomination paper. 3 In view of this, the order of Returning Officer rejecting her nomination is quashed and set aside. The Returning Officer is directed to accept that nomination and to permit her to contest the election. Writ Petition is allowed. Rule is made absolute accordingly. However, there shall be no order as to costs. A copy of this order be furnished to AGP. Certified copy expedited. JUDGE *GS.