BIPINCHANDRA SHAHURAO THOMBRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Writ Petition Nos.274/2010 and 269/2010 not on Board, taken on Board and are heard along with companion writ petitions listed today.

(2.) In each of these petitions, validity of Section 9- A of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, is challenged being ultra vires Articles 14, 19(1)(c) and 243-T of the Constitution of India. It is further prayed that the State officials be directed to accept the nomination filed by the respective petitioners as valid in absence of the validity certificate issued by the Caste Scrutiny Committee and for further direction against the Caste Scrutiny Committee to decide their caste claim expeditiously.

(3.) Insofar as challenge on the ground of Section 9-A being ultra vires Article 19(1)(c) is concerned, the same is devoid of merits. Article 19(1)(c) guarantees right to citizens to form associations or unions. We fail to understand as to how this Article can be pressed into service in respect of a provision regarding election as a member of Local Government/ Municipal Council / Legislative Assembly / Parliament.