Petition challenging rejection of nomination form due to tribe status verification disposed as election already held for Ulhasnagar Municipal Corporation. Court directed steps for tribe status claim separately.
Petition disposed of; petitioner directed to take steps for tribe status claim.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
FARAD CONTINUATION SHEET NO.:
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE
WRIT PETITION NO.641 OF 2007
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Office Notes, Office Memoranda of : Court’s or Judge’s orders.
coram, appearances, Court’s orders :
or directions and Registrar’s :
orders. :
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Mr.R.K.Mendadkar for petitioner.
Mr.R.D.Rane, Addl.G.P.
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CORAM : H.L GOKHALE, ACTING C.J. &
V.M.KANADE, J.
DATED: 5th February2007
P.C. :
1. Heard the learned Counsel
for the parties.
2. The petitioner was not
permitted to contest the election
and his nomination form was
rejected. He wanted to contest
the election to the Ulhasnagar
Municipal Corporation. He claims
to belong to Thakur community
which is recognised as Scheduled
Tribe. That claim was rejected by
the Committee for Scrutiny and
Verification of Tribe Claims,
Thane. It will be open to the
petitioner to take appropriate
steps in that behalf.
3. As far as rejection of the
nomination form is concerned, for
that also it will be open to the
petitioner to take appropriate
steps since the elections have
already taken place.
4. Petition stands disposed
of since the elections have been
held in the meanwhile.
(ACTING C.J.)
(V.M. KANADE, J.)
2 issues framed by the court
Whether the rejection of nomination due to tribe status verification can be challenged after election is held.
Whether writ petition regarding disqualification of candidate needs adjudication when election already concluded.
The Petitioner
Commissioner of Election
H.L Gokhale
V.M. Kanade
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court