1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETN. NO.2808/2010 Smt. Purnabai Wd/o Annaji Khadse -vs- State of Mah.through its Collector and others. & WRIT PETN. NO.2809/2010 Ratiram Tuaram Mundle -vs- The Returning Officer, Z.P. and others. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : JUNE 21, 2010. 1) Heard Advocate Shri Neware for petitioner in Writ Petition No.2808/2010. He points out that petitioner applied for obtaining caste validity certificate on 06/03/2010 and she is yet to receive it. He further states that rejection of nomination paper by respondent No.2 was assailed in appeal before District Judge, Bhandara and that appeal has been rejected on same ground. However, he invites attention to judgment dated 18th June, 2010 in Misc. Civil Appeal No. 41/2010 delivered by District Judge-2, Bhandara, where same appeal has been allowed. He fairly points out that appellant Yashwant Vaidya received the validity certificate and produced it before the Appellate Court. His contention is Shri Vaidya had applied for certificate on 31/05/2010 i.e. after present petitioner. 2 2) In Writ Petition No.2809/2010 Advocate Shri Dhatrak has made similar grievance. He points out that the nomination paper of petitioner has also been rejected on same grounds and appeal filed by him has been rejected by Principal District Judge, Bhandara on 17th June, 2010. He has also relied upon very same adjudication in case of Yashwant Vaidya. 3) With the assistance of learned counsel and learned A.G.P. I have perused papers. The perusal of communication dated 10th May, 2010 issued by State Government shows that normally the applications for validity are required to be submitted six months before the date of election. However, exception has been made only for those candidates, who on account of unavoidable reasons could not furnish such applications within said time. Both the petitioners have not pointed out any such extra ordinary or unavoidable circumstances for not filing applications for validity within stipulated period of six months. 4) It appears that Yashwant Vaidya got caste validity certificate during pendency of appeal before Principal District Judge. As he produced caste validity certificate in appeal, it was accepted and his nomination paper was directed to be accepted. Here petitioner in W.P. No.2808/2010 before me is yet to receive the caste validity certificate. The proceedings before me are in writ jurisdiction. Other petitioner in W.P. No.2809/2010 have received caste validity certificate before adjudication of appeal. However, his appeal memo or even writ petition does not disclose any efforts made by him to produce that certificate before the 3 Principal District Judge. The petition only states that caste validity certificate was handed over to counsel on 15/06/2010 and to the best of the knowledge of petitioner his counsel produced it before Principal District Judge. The affidavit in support of writ petition states that these assertions are true to “his personal knowledge, belief and information”. 5) In that situation I do not find any ground made out warranting interference in writ jurisdiction. Writ petitions are therefore dismissed. No costs. JUDGE Khunte