Vitthal Pundlikrao Zotinge v. Addl. Collector, Nanded & Ors.

Mr. A.R.Kale, advocate h/f. Mr.A.R.Joshi, advocate for petitioner. -- Mr.V.B.Ghatge, AGP for respondent nos.1 to 3. -- CORAM : B.P.DHARMADHIKARI AND SUNIL P. DESHMUKH, JJ. DATE : JUNE 18, 2012 P.C.: We find that nomination of petitioner executed by Smt. Gangabai has been cancelled by specifically observing that petitioner cannot be son of Gangabai’s brother. Names of father of father of petitioner and father of Gangabai and their places of residence are found to be different. Petitioner has chosen not to say anything on this count in this petition. The Government, in its reply affidavit, has further pointed out that as per Government Resolution dated 10th January, 1985, the nomination can be only in favour of the 2 6947-10-wp.odt relatives as stipulated therein. Brother’s son does not figure therein. Learned counsel for the petitioner has urged that before cancelling nomination, the petitioner was not given opportunity of hearing. Even the copy of complaint made by the petitioner was not made available and hence, the petitioner is entitled to be given opportunity. 2] In the above situation, we find that there cannot be any nomination by Gangabai in favour of petitioner. We are not inclined to interfere as complaint of violation of principles of natural justice is without any merit. 3] Writ Petition is, therefore, rejected. No costs. [SUNIL P. DESHMUKH, J.] [B.P.DHARMADHIKARI, J.] kbp/ 0