1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.5151 OF 2010 Pralhad Baburao Tapghale Age : 40 years, Occ : Labourer, R/o Telgaon, Tq.Ahmedpur, Dist.Latur ..Petitioner -VERSUS- 1. The State Election Commission Mumbai Through Commissioner (Copy to be served on Standing Counsel, High Court of Bombay bench at Aurangabad). 2. The Collector, Latur, Dist.Latur. 3. Returning Officer/Election Officer, Tahsildar Ahmedpur, Dist.Latur (Copy for respondent nos.2 and 3 to be served on Govt. Pleader, High Court Bench at Aurangabad). ..Respondents .... Mr.Pratap G. Rodge, Advocate for petitioner. Mr.S.T. Shelke, Advocate for respondent no.1. Mr.D.R. Korade, A.G.P. for respondent nos.2 and 3. .... (CORAM : V.R.KINGAONKAR,J.) DATE : 17th June, 2010. ORAL JUDGMENT : 1. Heard. 2. The petitioner's nomination paper was rejected by the Returning Officer on the ground that the petitioner did not produce 2 any evidence, including the receipt about submitting the application that he has moved Competent Authority for obtaining the validity certificate about his caste after verification. The Returning Officer considered the application of the petitioner and noticed deficiencies while conducting scrutiny at village Telgaon. The petitioner has filed copy of the application submitted by him to the Tahsildar at Ahmedpur, of which a copy was submitted to the Collector, Latur on 12.06.2010. 3. It is quite explicit that after rejection of the nomination paper, he went to the office of Tahsildar and submitted the application, and therefore, it can not be said that he had produced such relevant evidence regarding filing of the application for verification of the caste, alongwith the nomination paper. The requirement of Section 10-1(A) of the Bombay Village Panchayat Act, 1958 along with the Government Resolution dated 9th June, 2010, purport to show that concession of grace period of four months is granted only in respect of furnishing of the caste validity certificate. It is necessary for the candidate to place on record or file evidence to show that he has applied for caste validity certificate, prior to filing of nomination paper and has also to submit caste certificate in order to show that he is eligible to file the nomination paper from the reserved constituency. This was not 3 done by the petitioner, and therefore, the rejection of his nomination paper can not be faulted with. The petition is, therefore, dismissed. No costs. (V.R.KINGAONKAR) JUDGE gas/wp5151.10