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WPst/346712
Mlns
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION (st)NO.3467 OF 2012
Mr.Sanjay Basappa Koli...Petitioner
Vs
Returning officer No.9, Solapur & Ors....Respondents
Mr.S.K.Shinde along with
Mr.Vinod Jadhav for petitioner.
CORAM :A.M.KHANWILKAR AND N.M. JAMDAR JJ. DATED : 06th FEBRUARY, 2012.
P.C.:
1.This matter is produced at 3.00 p.m. directly
across the bar by the counsel for the petitioner on
the ground that there is extreme urgency on account of
rejection of nomination form of the petitioner and as
the last date of allotment of symbol is today.
2.In the morning session we had occasion to
consider similar matters. In the present case the
Returning officer has rejected the nomination form of
the petitioner on the ground that the original Caste
Validity Certificate was not produced at the time of
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scrutiny. There is no reason to doubt the said fact
recorded by the Returning officer. In similar
matters, we have taken the view that as wrongful
rejection of nomination form is a ground provided
under section 16 of Act of 1949, the petitioner can
agitate his grievance in the said proceedings which
will have to be decided on its own merits in
accordance with law.
3.For the reasons stated in the companion matters
decidedinthemorningbeingcaseof
Sunita Dnyaneshwar Thakane Vs Shivajirav Davbhat &
Anr. and other cases, we dispose of this matter with
liberty to the petitioner to pursue the other remedy,
if he so desires.
(N.M.JAMDAR, J.) (A.M.KHANWILKAR, J.)
Sanjay Basappa Koli
Returning officer No.9, Solapur & Ors.
A.M.KHANWILKAR
N.M. JAMDAR
As recorded by the court registry
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