JAGANNATH SHINDU RAHANE Vs. MANISHA MANOHAR NIMKAR

JUDGEMENT

(1.) THE petitioner in this petition has questioned the legality and validity of the election of the respondent herein to the Maharashtra Legislative Assembly from Palghar, district Thane Constituency No. 62 held on 12-2-1995 the result of which was declared after counting on 12-3-1995 in which the respondent was declared as elected having got highest number of votes being 55,399 votes as against 33,250 secured by the petitioner. In all there were five contesting candidates who secured votes less than the petitioner herein. Exhibit C to the petition is the copy of the result as declared by the Returning Officer of the said constituency. The said Palghar constituency is a reserved constituency specifically for the members belonging to the Scheduled Tribe. According to the petitioner he belongs to the schedule tribe viz. Hindu Malhar Koli.

(2.) THE petitioner has challenged the election of the respondent principally on the ground that she does not belong to the Schedule Tribe for which the said Constituency No. 62 was reserved and therefore was not eligible and qualified candidate for the said election from the said constituency. According to the petitioner the respondent belongs to Hindu Maratha caste. The petitioner makes a reference to the objection raised to the candidature of the respondent before the Returning Officer on 18-1-1995 questioning the candidature of the respondent and rejection of the objection raised by one Ramakant Ramchandra by the Returning Officer by his order dated 18-1-1995. The objection and order of the Returning Officer forms part of Exhibits A and B to the petition. The petitioner contends that the rejection of the objection by the Returning Officer was improper and illegal.

(3.) TO substantiate the contention of the petitioner that the respondent does not belong to schedule tribe petitioner has made reference to the caste certificate issued to the respondent and school leaving certificates of the respondent and same of her other relatives like brothers, cousins. Copy of the school leaving certificate of the respondent has been annexed as Ex. D to the petition which shows the religion and caste of the respondent as Hindu Maratha. Further it is stated that the respondent had married to one Manohar Nimkar who is a Brahmin by caste.