Sou. Lalita Arjun Koli v. The Returning Officer And ORS.
wp694315(56)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6943 OF 2015 Lalita Arjun Koli ..Petitioner Vs.
The Returning Officer & Ors.
..Respondents Mr. Umesh Mankapure for the Petitioner Mr. Nitin B. Patil for the intervenor Ms M. S. Bane "B" Panel Counsel for the Respondent Nos.2 & 3 Mr. S. B. Shetye for the Respondent No.4 CORAM :
R. M. SAVANT, J.
DATE :
20th July, 2015 P.C.
The rejection of the nomination filed by the Petitioner for contesting the ensuing election to the Grampanchayat, Jambhali, Taluka Shirol, Dist Kolhapur, from a seat meant for the schedule caste woman, is taken exception to by way of the above Petition.
The said rejection is in view of the objection taken by one Madhuri Nitin Devekare, that the Petitioner has not submitted the caste validity certificate or the token in evidence of the fact that the Petitioner has applied for issuance of the caste validity certificate. It is undisputed position that the Petitioner does not possess a caste certificate for which he for the first time approached the concerned authority around the first week of July 2015. It is trite that one can apply for a caste validity certificate only if one possess the caste certificate.
mmj
wp694315(56) In my view, therefore, no case for interference in the Writ Jurisdiction of this Court is made out. The Writ Petition is accordingly dismissed. However, it would be open for the Petitioner to adopt such remedy as is available in law after the elections are over, if the occasion so arises. [R.M.SAVANT, J] mmj