SportSport News ECS T10 Frankfurt 2020 LIVE between Turk FC hattersheim am Main vs TSV Cricket Pfungstadt Dream11 Team Prediction).Here some cricket fantasy tips to make your own team for Dream11 ECS T10 Frankfurt 2020 LIVE (Dream11 Team Prediction) Football by Taboolaby TaboolaSponsored LinksSponsored LinksPromoted LinksPromoted LinksYou May LikeGrammarlyImprove Your Spelling With This Helpful Browser ExtensionGrammarlyUndoE! OnlineCNN’s Christiane Amanpour Undergoes Surgery After Cancer DiagnosisE! OnlineUndoCapital One ShoppingThis hack can uncover JOANN discounts you don’t know aboutCapital One ShoppingUndoECS T10 Frankfurt 2020 LIVE: Dream11 Team PredictionECS T10 Frankfurt 2020 LIVE Match DetailsMatch: Turk FC hattersheim am Main vs TSV Cricket Pfungstadt Date: 29 Sep 2020Time: 2:30 PM IST, Live on FancodeECS T10 Frankfurt 2020 LIVE Streaming detailsECS T10 Frankfurt 2020 will be streamed on the Fancode App in india and worldwide on the European Cricket Network’s YouTube channel.ECS T10 Frankfurt 2020 LIVE Turk FC hattersheim am Main vs TSV Cricket Pfungstadt Probable Playing11Turk FC Hattersheim am Main – Abdul Hamid Bhatti, Anees Ur Rehman Bhatti, Javeed Butt, Shehid Ahmed, Abdul Salam Bhatti, Atta Ul Mannan Butt, Umair Khalid, Saad Latif Ahmad, Zohaib Qamar, Nawabzad Mohamed Ameer Bin Jung, Amir Waheed, Inaam Ullah, Fazal Bashir, Alaam Noor Zadran, Naser Mahmod Khan, Yousaf Ramzan Butt, Yasir Mehmood Shelkh, Mahid Butt, Tahir Ahmed, Rana Rizwan Ahmad and Hasher Rehma Bhatti.TSV Cricket Pfungstadt – Zeshan Atif, Muhammad Habib, Farrakh Shehzad Joyia, Khalid Mahmood Babar, Arsalan Javad, Suleman Ahmad, Samar Ahmad Khan, Zeeshan Nasar, Akmal Ahmad, Barkat Ali, Qasair Ilyas, Tousif Ahmed, Ata-Ul-Kareem Pasha, Zeeshan Ali, Nasir Ahmad, Zulfiqar Zafar Ahmad. Facebook Twitter YourBump15 Actors That Hollywood Banned For LifeYourBump|SponsoredSponsoredUndoPost FunThese Twins Were Named “Most Beautiful In The World,” Wait Until You See Them TodayPost Fun|SponsoredSponsoredUndoMaternity WeekA Letter From The Devil Written By A Possessed Nun In 1676 Has Been TranslatedMaternity Week|SponsoredSponsoredUndoDaily FunnyFemale Athlete Fails You Can’t Look Away FromDaily Funny|SponsoredSponsoredUndoMisterStoryWoman Files For Divorce After Seeing This Photo – Can You See Why?MisterStory|SponsoredSponsoredUndoDefinitionTime Was Not Kind To These 28 CelebritiesDefinition|SponsoredSponsoredUndo Euro 2020, Switzerland vs Turkey LIVE: Switzerland to punish hapless Turkey; Follow Live Updates, Follow Live update Euro 2020, Italy vs Wales: 3 key battles to watch out for in ITA vs WAL Euro 2020 Points table: Germany secure first win, Poland keep Euro hopes alive; Check Euro 2020 latest group standings Euro 2020- Spain vs Poland Highlights: Spain held to 1-1 draw as Lewandowski’s Poland keep Euro hopes alive Football Previous articleECS T10 Frankfurt 2020 LIVE: Dream11 Darmstadt CC e.V vs Turk FC Hattersheim am Main Dream11 Team Prediction, Team Squads, Match PredictionNext articleDream 11 IPL 2020 RR vs KKR: Sneak Peek into Rajasthan Royals mentor Shane Warne’s quarantine room Kunal DhyaniSports Tech enthusiast, he reports on Sports Tech industry and writes on sports products. Football RELATED ARTICLESMORE FROM AUTHOR Euro 2020 Top Scorers: Ronaldo joins Patrik Schick at top, Lukaku remains second; Check who is leading the Euro 2020 Golden Boot race By Kunal Dhyani – September 29, 2020 Formula 1 Football Share on Facebook Tweet on Twitter Football Football Football Football Football F1 French GP 2021 Live: Max Verstappen to take pole position, Lewis Hamilton second Euro 2020 LIVE broadcast in more than 200 countries, check how you can watch Live Streaming of EURO 2020 in your country Euro 2020, Italy vs Wales LIVE: Gareth Bale and Co face do-or-die clash; Italy eye third consecutive win; Follow Live Updates, Euro 2020, Switzerland vs Turkey: Top 5 players to watch out for in SUI vs TUR ECS T10 Frankfurt 2020 LIVE: Dream11 Turk FC hattersheim am Main vs TSV Cricket Pfungstadt Dream11 Team Prediction, Team Squads, Match Prediction TAGSECS T10 Frankfurt 2020 Full scheduleECS T10 Frankfurt 2020 liveECS T10 Frankfurt 2020 live streaming detailsECS T10 Frankfurt 2020 match timingsSquadsTurk FC hattersheim am Main vs TSV Cricket Pfungstadt SHARE EURO 2020 Groups: All you need to know about EURO 2020 Groups
Associated Bus Company Plc (ABCTRA.ng) listed on the Nigerian Stock Exchange under the Transport sector has released it’s 2015 interim results for the half year.For more information about Associated Bus Company Plc (ABCTRA.ng) reports, abridged reports, interim earnings results and earnings presentations, visit the Associated Bus Company Plc (ABCTRA.ng) company page on AfricanFinancials.Document: Associated Bus Company Plc (ABCTRA.ng) 2015 interim results for the half year.Company ProfileAssociated Bus Company (ABC) Plc is a leading road passenger transportation company in Nigeria offering a luxury bus service for the discerning traveller. Known as ABC Transport, the company operates a luxury bus service and covers the most important routes between the major towns and cities of Nigeria as well as international travel options in West Africa. Associated Bus Company also owns and operates a budget hotel. Operations within and outside Nigeria are managed through ultra-modern terminals with comfortable lounges in major cities such as Lagos (Jibowu & Amuwo-Odofin), Aba, Owerri, Port-Harcourt, Abuja, Enugu, Onitsha, Umuahia, Jos, Mbaise, Bolade, and Accra (Ghana). Luxury buses owned and operated by the ABC Bus Company bear the distinguished Reindeer logo which has been adopted to symbolise strength, speed and efficiency. ABC Bus Company was awarded the prestigious title of Best Transporter in Nigeria by the Chartered Institute of Transport. The company consistently wins the National Bus Operator of the Year Award along with other accolades by renowned bodies. Capital Alliance Private Equity (CAPE) has a 30% stake in ABC Transport. The company’s head office is in Lagos, Nigeria. Associated Bus Company (ABC) Plc is listed on the Nigerian Stock Exchange
Livestock Feed Limited (LFL.mu) listed on the Stock Exchange of Mauritius under the Industrial holding sector has released it’s 2020 interim results for the third quarter.For more information about Livestock Feed Limited (LFL.mu) reports, abridged reports, interim earnings results and earnings presentations, visit the Livestock Feed Limited (LFL.mu) company page on AfricanFinancials.Document: Livestock Feed Limited (LFL.mu) 2020 interim results for the third quarter.Company ProfileLivestock Feed Limited specialises in the production of animal feeds locally and regionally. The company is a pioneer in the manufacturing of animal feeds in Mauritius and collaborates with international partners who specialise in the same field such as Mixscience and Invivo, who are also leading groups in the European farming field. Livestock Feed Limited is listed on the Stock Exchange of Mauritius.
Third Sector Digital Conference June 2011 300×250 AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis Howard Lake | 27 April 2011 | News 12 total views, 1 views today AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis About Howard Lake Howard Lake is a digital fundraising entrepreneur. Publisher of UK Fundraising, the world’s first web resource for professional fundraisers, since 1994. Trainer and consultant in digital fundraising. Founder of Fundraising Camp and co-founder of GoodJobs.org.uk. Researching massive growth in giving.
Does donating your steps to charity sound familiar? We covered Bitwalking in November 2015 on UK Fundraising. Howard Lake | 11 May 2016 | News 747 total views, 3 views today AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis21 Sweatcoin is a new mobile app that rewards users’ physical activity by converting it into digital currency units called ‘sweat coins’ which can be used to buy products or donated to good causes.The app has been launched in the UK this month by a London-Based startup. Its creators have already secured $1m in backing, signed up “dozens of partners’ to accept sweatcoins, and tracked 150 million steps already taken by early adopters.Sweatcoin founders Oleg Foment, Anton Derlyatka, Danil Perushkev and Egor Khmelev have secured partnerships with the Greater London Authority and London Sport. They are also working with the corporate wellness and insurance markets.Sweat coins can already by spent on Vivobarefoot shoes, Kymire infra-red clothing, FitBug wearables, training classes from Wonderush and more.SweatCoin wins LondonSport Fittech Innovation Award[youtube]https://www.youtube.com/watch?v=mU7oTJXC3wM[/youtube] 748 total views, 4 views today AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis21 Advertisement About Howard Lake Howard Lake is a digital fundraising entrepreneur. Publisher of UK Fundraising, the world’s first web resource for professional fundraisers, since 1994. Trainer and consultant in digital fundraising. Founder of Fundraising Camp and co-founder of GoodJobs.org.uk. Researching massive growth in giving. Sweatcoin to turn physical activity into charitable donations Tagged with: app corporate Digital mobile
Advertisement Clock is now ticking on 2011 deadlineHALF of the €23 million European Globalisation Fund for former Dell workers may never be spent as the process now remains at a standstill until September.Sign up for the weekly Limerick Post newsletter Sign Up Chairman of the Dell Redundant Workers Association Denis Ryan, said: “We now know that between and €8-11million will not be used”.Not overly happy with how the globalisation fund has been managed, he added: “It’s not going to the individuals in the manner that was initially intended”.The clock is now ticking on the June 2011 deadline for utilisation of the fund and over 250 people have applied for funding to start up businesses.According to Denis, those who wish to start businesses using EGF funding have encountered many obstacles.“They are only receiving 50% of the capital at present, many of these people have been unemployed for 18 months, and the banks aren’t lending so they can’t secure the rest of the capital.“Over 70 people have had their business plans signed off, but it has been a slow process.“They are been bounced from pillar to post and being sent from the EGF office to the Enterprise Board”.Many have no business background and availed of help from the Dell Redundant Workers Association office.“We’re still busy everyday helping people fill out forms and pointing them in the right direction”.Denis doesn’t blame FÁS or other agencies for the difficulties experienced in maximising the fund’s potential.“The people that are working in these agencies are good people but are under pressure also”. He estimates that just 50% of the original funding will be used.“If the agencies were given more power then some of the problems with red tape would be eased,” said the former Dell employee.Another problem encountered was a recent cabinet reshuffle:“At Government level we were dealing with the Tanaiste initially and then we were passed on to Dara Calleary at the Department of Enterprise, Trade and Employment, and now we’re dealing with Sean Haughey, Minister of State for Lifelong Learning”.There are also difficulties in the retraining aspect of the EGF.“It does not seem to be as flexible as was initially planned and many people are finding themselves on courses they are not interested in”.Going forward, he hopes that someone at Government level will take responsibility for ensuring that the fund is spent.A recent trip to Brussels proved successful for the group as the Commissioner for Employment is set to send a team over to investigate how the fund is being used.“The commissioner was amazed to learn that the fund wasn’t as flexible as first envisioned and that the start-ups were only receiving 50% of capital”.Logistical problems are proving significant for former Dell workers as the Government has no directive or procedure to deal with the Globalisation fund.“Every agency we deal with has different procedures and policies such as County and City Enterprise Boards, FAS, UL and the colleges. There has to be a procedure in place to use this fund given the short time frame”.Along with numerous local bodies and agencies, the group are now investigating the possibility of using the surplus funding to benefit the thousands of unemployed in the Mid West.They believe they will not get an opportunity to meet Minister Sean Haughey to discuss their position until September, when there will be less than a year left to distribute the fund. Twitter WhatsApp Linkedin Facebook Previous articleGrand Prix returns to cityNext articleTours group aims to put the fun back into travelling admin Email NewsLocal News‘Red tape’ strangling EGF – Dell Redundant WorkersBy admin – August 3, 2010 819 Print
By Digital AIM Web Support – February 24, 2021 ECISD Fine Arts Logo.jpg Ector County Independent School District Fine Arts has announced the following free events for Thursday and Friday.The Milam Fine Arts Magnet Showoff has been scheduled at 3 p.m. Thursday and Friday at Milam Magnet Elementary School, 640 College Ave.The Odessa High School Choir has scheduled a spring concert at 7 p.m. Thursday at the OHS Performing Arts Center, 1301 Dotsy Ave. Admission is free. For more information, email [email protected] Facebook TAGS Twitter Previous articleCOLLEGE SOFTBALL: Lady Wranglers splitNext article050419_Butterfly_release_JF_07 Digital AIM Web Support WhatsApp Pinterest Facebook Local News Twitter Pinterest WhatsApp Fine arts
Home / Daily Dose / The “Meaningful Attorney Involvement” Standard Demand Propels Home Prices Upward 2 days ago January 10, 2019 2,715 Views Share Save About Author: Melissa Z. Prantzalos Print This Post About Author: Brian P. Henry in Daily Dose, Featured, News, Print Features Melissa Z. Prantzalos, at attorney at Orlans PC, earned her undergraduate degree summa cum laude from the University of Detroit Mercy and her law degree from the Detroit Mercy School of Law. Her areas of practice include eviction, foreclosure, and contested litigation. Prantzalos is a member of the State Bar of Michigan and is admitted to practice in the United States District Court for the Eastern District of Michigan. Sign up for DS News Daily Data Provider Black Knight to Acquire Top of Mind 2 days ago Governmental Measures Target Expanded Access to Affordable Housing 2 days ago The Best Markets For Residential Property Investors 2 days ago Tagged with: Borrowers default Foreclosure Legal Lenders Servicers Supreme Court Brian P. Henry is the Chief Legal Officer for Orlans P.C., the largest women-owned multi-jurisdictional law firm in the country, comprised of over 60 attorneys licensed in eight jurisdictions. Henry oversees legal operations for all services related to mortgage default and transfers of real estate. He has over 35 years’ experience in real estate law, title, and related litigation. Henry is a past Chair of the Real Property Law Section of the State Bar of Michigan and its CLE Committee. Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Related Articles Servicers Navigate the Post-Pandemic World 2 days ago The Best Markets For Residential Property Investors 2 days ago The “Meaningful Attorney Involvement” Standard Borrowers default Foreclosure Legal Lenders Servicers Supreme Court 2019-01-10 Radhika Ojha Data Provider Black Knight to Acquire Top of Mind 2 days ago Editor’s note: This feature originally appeared in the January issue of DS News, out now.Why is the “meaningful attorney involvement” standard discussed in cases where a law firm collects a debt? In Bock v. Pressler & Pressler, LLP, 30 F. Supp 3d 283 (D. N.J. 2014), the court held that a law firm violated the Fair Debt Collection Practices Act (FDCPA) by making an “implied representation that an attorney was meaningfully involved in the preparation” of a collection complaint. The district court found an FDCPA violation because the attorney who reviewed the collection complaint did not spend enough time doing so. The court held that a collection complaint is “inherently” false and misleading, unless, at the time of signing it, the attorney “1) drafted, or carefully reviewed, the complaint; and 2) conducted an inquiry, reasonable under the circumstances, sufficient to form a good faith belief that the claims and legal contentions in the complaint are supported by fact and warranted by law.”The FDCPA does not specifically define or use the term “meaningful attorney involvement.” However, section 1692e(3) of the FDCPA contains a simple prohibition that debt collectors may not make any “false representation or implication that any individual is an attorney or that any communication is from an attorney” [15 U.S.C. § 1692e(3)]. Over time, courts broadened the interpretation of section 1692e(3) to require that collection attorneys be “meaningfully involved” in the review of a consumer’s file before sending a collection letter. [See, e.g., Clomon v. Jackson, 988 F.2d 1314, 1320-21 (Second Cir. 1993); Avila v. Rubin, 84 F.3d 222, 228-29 (Seventh Cir. 1996)].Judicial and administrative decisions interpreting the meaningful involvement standard since Bock slowly stretched the language of section 1692e(3) into new directions [See Consumer Financial Protection Bureau v. Frederick J. Hanna & Assoc, 165 F. Supp 3d 1330 (ND Ga. 2015— CFPB alleged that collection firm attorneys lacked personal knowledge of the facts in the affidavits used in pleadings to collect debts); Mohr v. Security Credit Servs, LLC, 141 F. Supp 3d 179 (NDNY 2015)—collection firm required to provide plaintiff with the names of the employees who prepared collection complaints].There are many examples of what is not “meaningful involvement” in judicial decisions,but no ruling provides any definitive standards or procedures that an attorney can follow in order to ensure compliance. Adding to the confusion, some courts have ruled that it is possible to “disclaim” involvement in the preparation of collection letters and pleadings if the disclaimer satisfies certain criteria. [See Gonzales v. Kay 577 F.3d 600 (Fifth Cir. 2009); Jones v. Dufek, 830 F.3d 523 (D.C. Cir. 2016); Powell v. Aldous & Assocs., P.L.L.C., 2018 WL 278736 (D.N.J. 2018)].At present, some appellate courts have ruled that foreclosing on a secured property interest is not covered by the FDCPA. Other courts reason that the FDCPA applies since the purpose of the foreclosure is to obtain repayment of a loan. In some states, the non-judicial process is an elected remedy that prevents the lender from seeking a deficiency judgment, while a judicial foreclosure allows for a monetary judgment and pursuit of a deficiency. Currently, there is much uncertainty regarding whether a non-judicial foreclosure is properly characterized as debt collection.To understand those decisions concluding that a non-judicial or quasi-judicial foreclosure is not the collection of a debt, please review Obdusky v. Fargo 879 F.3d (10th Cir. 2018) (attempting to enforce a security interest is not the same as collecting a debt); Ho v. ReconTrust Co. N.A. 858 F.3d 568, 573 (Ninth Cir. 2016) (entity does not become a debt collector if its only role in the debt collection process is the enforcement of a security interest; Speleos v. BAC Home Loan Servicing LP, 824 F. Supp 2d 226, 232-233 (D. Mass. 2011) (foreclosure law firm cannot be held liable under the FDCPA because it is enforcing a security interest); and Jordan v. Kent Recovery Services, 731 F. Supp. 652, (D. Del. 1990).To understand those decisions concluding that non-judicial and judicial foreclosures are the collection of a debt, please review Glazer v. Chase Homes Fin. LLC, 704 F.3d 453 (Sixth Cir. 2013) (holding that mortgage foreclosure is debt collection under the FDCPA): Reese v. Ellis, Painter, Ratterree & Adams, L.L.P, 687 F.3d 1211 (11th Cir. 2012) (holding that a foreclosure firm qualified as a debt collector because it regularly engaged in the business of collecting debts); Wilson v. Draper & Goldberg, P.L.L.C. 443 F.3d 373 (Fourth Cir. 2006) (holding that the FDCPA applies to lawyers conducting a deed of trust foreclosure); Kaltenbach v. Richards, 464 F. 3d 524 (Fifth Cir. 2006) (holding the FDCPA can apply to a party whose principal business is enforcing a security interest).Next summer, the U.S. Supreme Court will clarify whether the FDCPA and the “meaningful attorney involvement” standard are applicable to non-judicial foreclosures [see Obduskey v. McCarthy & Holthus LLP U.S., No. 17-1307, June 28, 2018].Wells Fargo hired the law firm of McCarthy & Holthus LLP to pursue non-judicial foreclosure proceedings against Dennis Obduskey after he defaulted on his mortgage loan. Obduskey sued McCarthy and Wells Fargo, alleging, among other things, a violation of the FDCPA. The district court granted the defendants’ motions to dismiss on all claims and noted disagreement among courts as to whether the FDCPA applied to non-judicial foreclosure proceedings.Upon Obduskey’s appeal to the U.S. Court of Appeals for the Tenth Circuit, the appellate court held that McCarthy was not a debt collector under the FDCPA because attempting to enforce a security interest was not the same as attempting to collect a money debt.In reaching this conclusion, the Tenth Circuit joined the Ninth Circuit and ruled in conflict with the outcomes reached on this topic in the Fourth, Fifth, and Sixth Circuits. Law firms serving clients in the default industry must be familiar with the cases addressing “meaningful attorney involvement” when drafting debt collection letters and pleadings. Currently, there are divergent appellate court rulings on whether non-judicial and judicial foreclosures areattempts to collect debts and therefore subject to the provisions of the FDCPA. Thankfully, the Supreme Court decision in Obduskey v. McCarthy & Holthus will provide clarity on whether law firms initiating non-judicial foreclosures are subject to the provisions of the FDCPA. Servicers Navigate the Post-Pandemic World 2 days ago Demand Propels Home Prices Upward 2 days ago The Week Ahead: Nearing the Forbearance Exit 2 days ago Previous: The Shifting Sentiments in Housing Next: Is the Housing Market Recession Ready? Subscribe
News UpdatesWrit Jurisdiction Cannot Be Extended Against The Rejection Of Nomination Papers At An Intermediate Stage Of Gram Panchayat Elections: Bombay HC [FB] Nupur Thapliyal15 Jan 2021 2:02 AMShare This – xA full bench of the Bombay High Court comprising of Chief Justice Dipankar Datta, Justice A.S. Gadkari and Justice G.S. Kulkarni held that a writ petition under Art. 226 challenging the rejection of nomination papers by the Returning Officer cannot be entertained as it is not a step in facilitating the election process. The Court was hearing a reference made to a larger bench after…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginA full bench of the Bombay High Court comprising of Chief Justice Dipankar Datta, Justice A.S. Gadkari and Justice G.S. Kulkarni held that a writ petition under Art. 226 challenging the rejection of nomination papers by the Returning Officer cannot be entertained as it is not a step in facilitating the election process. The Court was hearing a reference made to a larger bench after the division bench of the High Court was dealing with two conflicting opinions of the Court raising different opinions with regards to the maintainability of the petitions. The bench also clarified that Art. 243-O(b) of the Constitution places a bar on the HC for entertaining writ petitions under Art. 226 against impugned orders passed by the Returning Officer rejecting the nomination papers. BACKGROUND OF THE REFERENCE The division bench of the Bombay High Court was dealing with a bunch of petitions which challenged the orders passed by the Returning Officer of Bhose Gram Panchayat wherein the nomination papers of the petitioners were rejected. Therefore, the petitioner had prayed for setting aside the impugned orders of the Returning Officer and a direction on the State Election Commission to cancel the Gram Panchayat elections in order to conduct a fresh election and also to take action against the village officials who had allegedly issued fabricated certificates leading to their rejection of nomination papers. The need of reference to a larger bench was felt by the division bench after the counsels from both the sides argued over the maintainability of petitions under Art. 226 of the Constitution. It was argued on behalf of the State Election Commission that the petitions are not maintainable according to the decision in Vinod Pandurang Bharsakade v. Returning Officer, Akot (2003) wherein the division bench of Bombay HC was of the opinion that any dispute regarding elections can only be raised after elections by raising election dispute. It was argued on behalf of the petitioners that the petitions were in fact maintainable in accordance with the two decisions of coordinate benches of the HC in Sudhakar s/o. Vitthal Misal v. State of Maharashtra & Ors. 2007(6) All MR 773 and Smt. Mayaraju Ghavghave v. Returning Officer for Gram Panchayat, Dhamangaon & Anr. 2004(4) ALL MR 258 wherein the petitions were held maintainable as it did not call in question the election but only the right to contest election. The division bench had prima facie opined that the writ petitions are not maintainable under Art. 243-O(b) and that if the relief is with regards to facilitating completion of the election, petitioners must challenge the impugned orders in judicial review. However, due to the conflict in decisions in the three judgments, the division bench referred the following questions to the larger bench: Does allowing a challenge in a writ petition to rejection of nomination form to contest an election and granting the relief claimed by setting aside such order of rejection, amount to intervention, obstruction or protraction of the election or is it a step to facilitate the process of completion of election? Whether rejection of nomination form would attract the provisions of Article 243-O(b) of the Constitution of India? Are the views expressed by the Division Benches of this Court in the cases of Sudhakar s/o. Vitthal Misal and Smt. Mayaraju Ghavghave correct, or does the decision in the case of Vinod Pandurang Bharsakade represents the correct view in law? OBSERVATIONS OF THE BENCH The bench analyzed the provisions of Part IX of the Constitution which deals with “Panchayats”. It was observed that Art. 243, 243A to 243O were incorporated in the Constitution by 73rd Amendment Act after the Panchayati Raj Bill was introduced. Thereafter, Maharashtra Village Panchayats Act, 1959 was also amended wherein Sec. 10A was introduced that provided for State Election Commission. Another provision Sec. 15A was amended which provided a bar on the Courts to interfere in electoral matters. According to the provision: “If the validity of any election of a member of a panchayat is brought in question by any candidate at such election or by any person qualified to vote at the election to which such question refers such candidate or person may at any time within fifteen days after the date of the declaration of the result of the election, apply to the Civil Judge (Junior Division) and if there be no Civil Judge (Junior Division) then to the Civil Judge (Senior Division) having ordinary Jurisdiction in the area within which the election has been or should have been held for the determination of such question.” This provision is similar to Art. 329 which bars the courts to interfere in electoral matters. According to the petitioners, it was argued that they have correctly invoked the jurisdiction under Art. 226. It was argued that filing of election petition under sec. 15 of the Act is not an efficacious remedy for the petitioners whose nomination forms are rejected. Submission of the Amicus Curiae Mr. Anturkar, amicus curiae in the matter, relied on the constitution bench judgment of the Apex Court in N.P. Ponnuswami v. The Returning Officer, Namakhal Constituency (1952) wherein it was held that a petition under Art. 226 challenging improper rejection of nomination cannot be entertained. He further relied on the judgment of Mohinder Singh Gill & Anr. Vs. The Chief Election Commissioner (1978) and submitted that a writ petition being not maintainable is different from the writ petition not being entertained. Furthermore, he submitted that a petition under Art. 226 can be filed for rejection of nomination papers if the rejection was done an insignificant ground covered under the Bombay Village Panchayat Election Rules, 1955 or where the ground cannot be covered by any statutory provision. Submission of the State Election Commission It was argued by Adv. Shetye, appearing on behalf of State Election Commission, that election is a creature of the statute. The right to vote as also right to contest election are statutory rights and in the present case are governed by the MVP Act and the Bombay Village Panchayat Election Rules, 1959. Therefore, he submitted that it is neither a civil right nor the fundamental right of the petitioners, even to raise a grievance by approaching this Court under Article 226 of the Constitution. Accordingly it was also submitted that the Returning Officer is under a mandate not to reject any nomination paper on the ground of defect, which is not of a substantial character. He submitted that presently there are 14,244 villages which are at a advanced stage of election process and admitting the petitions under Art. 226 which be contrary to constitutional mandate and decision of N.P. Ponnuswami case. Final Observations of the Bench The bench analyzed the judgment in the case of N.P. Ponnuswami at length and observed that a writ petition could be barred if it seeks to call in question a step in election, but if the approach to the Court is to facilitate free and fair completion of election, such approach would not be barred. “The imminence of the electoral process is a factor which must guide and govern the passing of orders in the exercise of the High Courts writ jurisdiction. The more imminent such process, the greater ought to be the reluctance of the High Court to do anything, or direct anything to be done, which will postpone that process indefinitely by creating situation in which the Government of a State cannot be carried on in accordance with the provisions of the Constitution.” The bench held. In dealing with the conflict between two landmark judgments namely N.P. Ponnuswami and Mohinder Singh Gill, the bench referred to the most recent judgment on the issue in Laxmibai v. Collector, Nanded (2020) wherein the Supreme Court held that it is a prudent discretion to be exercised by the High Court not to interfere in the election matters, especially after declaration of the results of the elections but relegate the parties to the remedy contemplated by the statute. Therefore the bench while analyzing the common thread in these judgments, held that “in respect of challenge laid to an electoral process or any step connected therewith before the result of elections, covered by Part XV of the Constitution is declared, the door of the writ jurisdiction of a High Court would stand closed if any order were sought and rendered which has the tendency or effect of interrupting or posting a reasonable imminent poll.” The bench held that the bar under Art. 243-O(b) would spring in when the HC is approached under Art. 266 for examining the rejection of nomination papers with respect to elections under Part IX. “Whatever be the reason for rejection of nomination, its quality ~ sub-standard or otherwise ~ is neither material nor relevant when the challenge is laid at an intermediate stage of the election by an intending candidate seeking orders from the Court to participate in the election though the Returning Officer has rejected his nomination.” On the point of conflict between Art. 243-O and Sec. 15A of the Act, the Court clarified that the Sec. 15A derives itself from Art. 243-O and therefore so long as Article 243-O stands, section 15A would also stand. Thereafter, the bench also analyzed the questions as to whether there is any remedy to an aggrieved voter or any candidate who wishes to call in question the validity of any election of a member of a Panchayat. The bench held that Sec. 15(1) and (2) of the Act provides the a remedy in law wherein it states that validity of any election could be brought in question before the Judge and thereafter the relief would be given by him. “We, thus, conclude that the MVP Act, a complete code in itself in relation to Panchayati Raj in Maharashtra, does provide the necessary machinery for vindication of ubi jus ibi remedium and for appropriate redressal of grievance of any disgruntled individual who perceives that he has been wronged by the Returning Officer.” The bench held. The bench answered the questions of reference in the following manner: Allowing a challenge in a writ petition to rejection of nomination form to contest an election and granting the relief claimed by setting aside such order of rejection is definitely not a step to sub-serve the progress of election and/or facilitate its completion as laid down in Mohinder Singh Gill and Ashok Kumar though it may not always amount to intervention, obstruction or protraction of the election.Article 243-O(b) is a bar for entertaining a writ petition under Art. 226 against an order passed by the Returning Officer rejecting nomination paper.The law laid down in Vinod Pandurang Bharsakade represents the correct view.Decisions of the division bench in Sudhakar s/o Vitthal Misal and Smt. Mayaraju Ghavghave do not lay down the correct law. Case Name: Karmaveer Tulshiram Autade & Ors. v. State Election Commission & Ors. Judgment Dated: 13.01.2021Click Here To Download Judgment[Read Judgment]Next Story
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