JAYABEN VIJAYBHAI VASOYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The question that arises for consideration in this petition under Article 226 of the Constitution of India is as to whether non-production of a caste certificate together with the nomination paper in Form No. 4 as prescribed under sub-rule (1) of rule 12 of the Gujarat Panchayats Election Rules, 1994 (hereinafter referred to as "the rules") amounts to defect of a substantial character warranting rejection of the nomination paper.

(2.) The petitioner has called in question the order dated 13.12.2016 passed by the third respondent - Returning Officer, Sardhar Gram Panchayat (hereinafter referred to as "the returning officer"), whereby his nomination for the seat of member from ward No. 9 Sardhar Gram Panchayat which is reserved for the Scheduled Tribes, has been rejected.

(3.) The facts as averred in the petition are that the petitioner herein filed her nomination paper on 10.12.2016 in Form No. 4 as prescribed under sub-rule (1) of rule 12 of the rules for election as member from ward No. 9 of Sardhar village panchayat in respect of a seat which is reserved for the Scheduled Tribes. As per the election programme, the scrutiny of nomination papers was fixed on 12.12.2016, however, 12.12.2016 having been declared to be a public holiday, the scrutiny was undertaken on the next day, that is, on 13.12.2016. On 13.12.2016, agent of the respondent No.7 raised an objection that the certificate by the competent authority certifying that the petitioner belongs to a Scheduled Tribe was not annexed along with the nomination form and hence, the same cannot be accepted. Pursuant to the above objection, the petitioner requested the returning officer to grant her one day's time for producing the necessary certificate. However, the returning officer did not accede to such request, and made an endorsement to the effect that the petitioner failed to produce the requisite certificate till closure of office hours, that is, up to 6:10 p.m. and rejected her nomination paper. It is the case of the petitioner that she had produced a copy of the certificate at 7:00 p.m. on 13.12.2016 itself, however, the returning officer refused to accept the same. Being aggrieved, the petitioner has filed the present petition.