Narayan Rajaram Sidam v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.6846 OF 2016 Narayan S/o Rajaram Sidam Petitioner

Versus

The State of Maharashtra and others Respondents Mr.M.R. Andhale advocate for the petitioner Mr.M.B. Bharaswadkar, AGP for Respondent No.1 _______________ CORAM : R.M. BORDE & K.L.WADANE, JJ (Date : 4 th July, 2016.

) PER COURT :- The nomination paper presented by the petitioner has been rejected on the ground that, he failed to produce the caste certificate and caste validation certificate. The petitioner contends that in fact, he tendered all the original documents. However, the Returning Officer, with a malafide intention, has not accepted the originals and directed rejection of his nomination papers. We have perused the original record produced by the Returning Officer. It does appear that the caste certificate produced by the petitioner together with nomination paper refers the name of the son of the petitioner and the caste certificate is not that of the petitioner. Whereas, a photostat copy of the

{2} wp 6846.16.odt validation certificate and caste certificate of the son of the petitioner has been annexed together with the nomination papers. Section 10(1)(A) of The Maharashtra Village Panchayat Act provides that, every person desirous of contesting election to a seat reserved for Scheduled Castes, Scheduled Tribes or, as the case may be, Backward Class of citizens, shall be required to submit along with the nomination paper, Caste Certificate issued by the Competent Authority and the validity Certificate issued by the Scrutiny Committee in accordance with the provisions of the Act of 2000.

In the instant matter, the caste certificate that has been produced together with the nomination papers refers to the name of the son of the petitioner and as such, there is non-compliance of the mandatory provisions of Section 10(1)(A) of the Act. So far as the allegations made by the petitioner as regards the malafides of the Returning Officer are concerned, the same need not be scrutinized in writ jurisdiction under article 226 of the Constitution of India. The petition is devoid of any substances and stands dismissed.

(K.L.WADANE, J) (R.M.BORDE, J) vbd