ANANDRAO TOHLUJI BAGADE Vs. NAMDEORAO LALWANJI SONTAKKEY

JUDGEMENT

(1.) THIS writ petition is filed by the returned candidate Anandrao against the decision of the district Judge, Nagpur in Election Petition No. 2 of 1974 whereby his election as a Municipal Councillor of Saoner Municipal Council has been declared as null and void and the respondent Namdeo was declared as elected from Ward 18. It is not disputed before us that the petitioner as well as the respondents Nos. 1 to 4 are the residents of Saoner, District Nagpur. The elections to the Municipal Council, Saoner were held on November 17, 1974. The last date for filing nomination papers was October 21, 1974.

(2.) IT is the case of the petitioner Anandrao that he filed his nomination paper on or before October 1.7, 1974. It appears that apart from the petitioner Anandrao, the respondents Nos. 2 to 4 also filed their nomination papers for the same constituency. It is also an admitted position that Ward No. 18 from which the elections took place was a Reserved seat for the persons belonging to the Scheduled Caste.

(3.) THEREAFTER the respondent No. 1 Namdeorao filed an election petition before the District Judge, Nagpur under Section 21 of the Maharashtra Municipalities Act, 1965. In this election petition the respondent Namdeorao sought declaration to the effect that the election of the petitioner Anandrao is null and void and he further sought a declaration that he himself should be declared as a duly elected candidate from the said constituency. The main contention raised in this election petition was that the petitioner Anandrao was not Mahar on the date he filed his nomination paper, nor he was a Mahar on the date when polling took place, nor did he belong to sub -caste Mahar when the counting took place or his election was notified in the official gazette. According to Namdeorao, the petitioner Anandrao was a Boudh by religion and, therefore, did not belong to a scheduled caste as notified under Article 342 of the Constitution of India. It was the case of the election -petitioner Namdeorao that Anandrao, the returned candidate, has all along been professing Buddha Religion and, therefore, was a Boudh and not a Hindu. Hence he was not qualified to contest the election for the reserved constituency which was wholly reserved for the persons belonging to the scheduled caste.