Ramkrishna S/O Tulshiram Pragat v. The Returning Officer Cum Assistant Registrar Co-Operative Societies, Kamptee, Nagpur And Others

49-wp3682.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.

OF 2021 Ramkrishna Tulshiram Pragat ...Versus...

The Returning Officer Cum Assistant Registrar Cooperative Societies and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Mr.A.M.Ghare, counsel for the petitioner.

Mr.S.M.Ukey, Addl.G.P. for respondent Nos.1 and 2. CORAM : AVINASH G. GHAROTE, J.

DATE : 29/09/2021 Heard Mr. Ghare, learned counsel for the petitioner and Mr. Ukey learned AGP for respondent Nos.1 and 2. 2.

None appears for respondent No.3, though served. 3.

Learned Additional Government Pleader Mr.Ukey appearing for respondent Nos.1 and 2 fairly submits, that Rule 21(3) of the Maharashtra APMC (Election to Committee) Rules, 2017, which requires the candidate to submit a caste validity certificate issued by the Competent Authority, has not been annexed by the respondent No.3 along with his nomination and therefore, the Election Officer ought to have rejected his nomination on that ground.

4.

In view of the above statement, the impugned order dated 15/09/2021, is hereby quashed and set aside.

49-wp3682.21.odt 5.

The respondent No.1 is directed to delete the name of respondent No.3, from the list of candidates whose nominations are accepted.

6.

The petition is accordingly disposed of. No costs. JUDGE KHUNTE