JAGDISHCHANDRA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In spite of the immunity under Article 361 of the Constitution of India, the petitioner has impleaded the Hon 'ble Governor as the respondent no. 3. We had directed the petitioner to forthwith delete the respondent no. 3. We had also not issued any notice to the respondents but they have appeared suo motu.

(2.) We have heard the learned advocate for the petitioner, learned Government Pleader, learned advocate Mr. Kadethankar and Mr. Sharma who appears for the respondent no. 5 - Election Commission of India and Mr. Deshmukh who appears for the intervenor.

(3.) By invoking the powers of this Court under Article 226 of the Constitution of India, the petitioner is seeking a declaration about the intervenor who has been elected as a member of the State Legislative Assembly from 10 - Chopda (ST) constituency in the elections held in 2019, was not qualified to file her nomination from the reserved category when her scheduled tribe certificate has been cancelled and the decision has reached finality up to the Supreme Court.