1503wp1233.10.odt 1/1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 1233 OF 2010 Mahadeo Kawaduji Kuttarmare Vs. The Collector, Yavatmal & others Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Ms P. D. Rane, Advocate for the petitioner. Mr. N. W. Sambre, Govt. Pleader for the respondents. CORAM: D. D. SINHA & F. M. REIS, JJ. DATED : 15th MARCH, 2010. Heard. The grievance of the petitioner is in respect of the impugned order dated 08/3/2010 passed by respondent No. 2 whereby the post for which the petitioner has submitted his nomination, i.e. for Chairman of Panchayat Samiti, has been declared as vacant. It is not in dispute that the said post was reserved for Schedule Tribe and the petitioner was the only candidate who had submitted his nomination paper. The requirement as per sub Section 7A of Sec. 67 of the Maharashtra Zilla Parishads & Panchayat Samitis Act, 1961 was that the candidate belonging to reserved category needed to submit along with the nomination paper, caste certificate issued by the Competent Authority and the Validity Certificate issued by the Scrutiny Committee in accordance with the provisions of the Maharashtra Schedule Castes, Schedule Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (regulation of Issuance and Verification of) Caste Certificate Act, 2000. In the instant case, it is not in dispute that the petitioner did not submit along with his nomination paper the Validity Certificate issued by the Scrutiny Committee, as required. In this circumstance, the order impugned is sustainable in law. The writ petition suffers from lack of merit, hence the same is dismissed. JUDGE JUDGE wwl