ANANT JANARDAN PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Mr. R. K. Mendadkar, learned Counsel for the petitioner and Mr. Sonawane, learned Assistant Government Pleader.

(2.) BY means of this writ petition the petitioner seeks to challenge the order dated 20th October, 1997 issued by respondent No. 1 Returning Officer rejecting his nomination form for contesting the election in Ward No. 4 of Village Gram Panchayat Navghar which is reserved ward for schedule tribes. The petitioner claims that he belongs to Mahadeo Koli a notified schedule tribe. It is his case that the Executive Magistrate, Uran on 22-4-1980 has issued the certificate certifying the petitioner to be belonging to Mahadeo Koli-scheduled tribe. The petitioner filed his nomination form on 9-10-97 for Navghar Gram Panchayat election as scheduled to be held on 25-10-97. The Returning Officer rejected the petitioners nomination form on scrutiny of the nomination paper on the following grounds:-

(3.) IT would not be out of place to mention here that by way of interim order passed by this Court on 16-1-98, the Returning Officer was directed to accept the nomination of the petitioner, if presented before 6. 30 p. m. on that day. The Returning Officer was further directed to scrutinise the nomination of the petitioner in accordance with law and it was observed that his nomination form shall not be rejected on the ground of caste claim of the petitioner as scheduled tribe. This Court, however, clarified that result of the election shall be subject to the decision of this petition. The petitioner accordingly, filed his nomination papers on 16-1-1998 and after scrutiny the Returning Officer found the petitioners nomination papers proper. The petitioner being the sole contestant was declared elected unopposed.