Dismissed

Suresh Nana Sawant v. the State of Maharashtra, through Secretary, General Administration Dept and Ors.

Bombay HC2 Feb 2012WP/981/2012

Case brief

AI extract

What is this about?

Writ petition challenging the rejection of petitioner's nomination for Panchayat elections. Court held that under the Maharashtra Zilla Parishad and Panchayat Samiti Act, 1961, the mandatory validity certificate issued by the Scrutiny Committee is essential for candidates from the reserved category. Pending application for such certificate does not permit the petitioner to contest.

What did the court decide?

Petition dismissed; petitioner not allowed to contest without the validity certificate.

Suresh Nana Sawant Vs the State of Maharashtra, through… — Election Law | Bombay HC (2012)

981.12

rng

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.981 OF 2012

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Suresh Nana Sawant

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..Petitioner

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versus

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State of Maharashtra & Ors.

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..Respondents

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Mr.P.B.Kakade a.w Mr.D.P.More for Petitioner.
Ms.S.S.Bhende A.G.P. for State - Respondent.

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CORAM : A.M.KHANWILKAR &
N.M.JAMDAR, JJ

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 DATED: 2nd February, 2012

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P.C.

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Not on board. Upon mentioning taken on board.

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Heard counsel for the parties.

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1. The relief claimed in this petition is to direct the

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respondents to accept the petitioner's nomination form for
Maharashtra Zilla Parishad and Panchayat Samiti elections
for gat no.35 of Taluka Kumbharoshi Mahabaleshwar District
Satara. It is not possible to entertain such relief which

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would be contrary to the mandatory provisions of the
Maharashtra Zilla Parishad and Panchayat Samiti Act,1961.

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The requirement of section 12A of the Act is that the
nomination papers should be accompanied by validity
certificate issued by the Scrutiny Committee in accordance

981.12

rng

with the provisions of the Act of 2000. In absence of such
validity certificate issued by the said Scrutiny Committee,
the Returning Officer would be justified in rejecting the
nomination of the candidates who intends to contest from
the reserved category.

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2.The fact that the petitioner's application for
issuance of validity certificate is pending before the
Scrutiny committee can be no basis to allow the petitioner
to contest the forthcoming elections. He would be eligible
to do so only after receipt of the validity certificate
issued by the Scrutiny Committee. Hence, this petition is
dismissed.

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(N.M.JAMDAR,J)

Suresh Nana Sawant v. the State of Maharashtra, through Secretary, General Administration Dept and Ors.

Case brief

What is this about?

What did the court decide?

Suresh Nana Sawant v. the State of Maharashtra, through Secretary, General Administration Dept and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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