RAJU DAKRU BAWANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule is made returnable forthwith in both the Writ Petitions by consent of Mr. R.R. Shrivastava, Adv. and Mr. N.S. Khubalkar, Adv. for the petitioners and Smt. Indira Bodade, Assistant Government Pleader, Mr. Pradeep Marpakwar, Adv. and Mr. S.M. Puranik, Adv. for respondents. Since the cause of action involved in both the Writ Petitions is identical, they are heard together and disposed of by this judgment.

(2.) The following facts have given rise to filing of both these petitions:

(3.) It is contended by the learned Counsel for the petitioners that all the petitioners have submitted nomination forms from the Scheduled Caste category, however, their forms were rejected on the ground that they have not submitted the Caste Validity Certificate issued by the competent Caste Certificate Scrutiny Committee along with their nomination forms in view of the provisions of the Maharashtra Municipal Corporations and Municipal Councils (Amendment) Act, 2008 (Mah. XIII of 2008) (hereinafter referred to as "the Amending Act") whereby the proviso to Section 9AA of the City of Nagpur Corporation Act, 1948 came to be deleted w.e.f. 12-5-2008. Being aggrieved by the action of rejection of nomination forms of the petitioners, both the present Writ Petitions are filed challenging validity of the said action of the Returning Officer (respondent No. 4).