SAVITA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Heard the learned counsels appearing for the parties. Since the subject-matter of challenge in both these petitions is identical, these petitions are being disposed of finally by this common judgment.

(2.) Both the petitioners claim that they belong to "Mannerwarlu, Scheduled Tribe", which is an entry in the cluster of tribes at Serial No.18 in the Constitution (Scheduled Tribes) Order, 1950. They were desirous of contesting the election on 23-2-2017 as the Members of the Zilla Parishad and Panchayat Samiti against a post reserved for Scheduled Tribe category.

(3.) The provision of Section 12A of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (for short, "the Act of 1961"), as it stood on the date of the election on 23-2-2017, dealing with the submission of caste certificate and validity certificate along with the nomination papers, for election to a seat reserved, is reproduced below :