Returned writing dismissing a petition challenging a nomination rejection. The court held that the submission of a caste certificate was a mandatory requirement not met, and a discrepancy in caste identity stated between the school leaving certificate and claim barred interference.
The writ petition is dismissed.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITIN NO.507 OF 2007
Ashok B. Sutar....Petitioner
V/s.
Thane Municipal Corporation & Ors. ....Respondents
Mr.Amit Borkar for the Petitioner.
Mr.R.S. Apte for Respondent No.3.
CORAM : S.J. VAZIFDAR, J.
DATED : 19TH JANUARY, 2007.
P.C. :
1.It is not possible to interfere with the
decision of the Returning Officer rejecting the
Petitioner’s nomination. Admittedly one of the
requirements namely proof of submission of the caste
certificate for verification was not enclosed along
with the nomination form. In addition thereto, it is
stated that the school leaving certificate of the
Petitioner states that he was "Maratha" whereas the
Petitioner claims to be O.B.C. in category "Sutar".
2.In the circumstances, the Writ Petition is
dismissed. Needless to add that all the rights and
contentions of the parties in the election petition,
if filed, will be kept opened.
1 issue framed by the court
Whether the High Court can interfere with the Returning Officer's decision rejecting the petitioner's nomination due to missing caste certificate and discrepancy in category.
Ashok B. Sutar
Thane Municipal Corporation
S.J. Vazifdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court