1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.2586 OF 2010 Vatchalabai w/o Ramchandra Berdawad and another Petitioners Versus The State of Maharashtra & others Respondents Mr.P.D.Bachate, advocate holding for Mr.S.G.Jadhavar, advocate for the petitioners. Mrs.Y.M.Kshirsagar, A.G.P. for Respondents No.1, 3 & 4. Mr.S.T.Shelke, advocate for Respondent No.2. Mr.U.S.Malte, advocate for Respondent No.6. CORAM: R.M.BORDE, J. DATE : 25th March, 2010. P.C.: 1 The nomination papers presented by petitioners for contesting election to the membership of Village Panchayat have been turned down on the ground of failure of the petitioners to submit caste validity certificate along with nomination papers. 2 Petitioners claim that they belong to reserved category and intend to contest election for a seat earmarked for reserved category. The nomination papers have been rejected on the ground of failure to fulfill requirements of Section 10-1A of Bombay Village Panchayats Act, 1958. Petitioners submit that they received caste validity certificate on 17 th March 2010 and copy thereof was sent by fix to the Returning Officer on 18.03.2010. The contention in respect of receipt of fax message or copy of caste validity 2 certificate, alleged to have been transmitted by petitioners, has been controverted by the Returning Officer. However, without going into factual aspects of the matter, it cannot be denied that there is contravention of mandatory provision of Section 10-1A of Bombay Village Panchayats Act, as caste validity certificate was not tendered along with nomination paper. The law does not permit presentation of caste validity certificate at later stage. In this view of the matter, decision taken by Returning Officer in rejecting nomination papers presented by petitioners cannot be faulted. Petition does not call for any interference in exercise of extraordinary jurisdiction under Article 227 of the Constitution of India. 3 Petition stands rejected. (R.M.BORDE) JUDGE ******* adb/wp258610