1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR Writ Petition No.5024/2010 Raju Namdeo Dhake Vs. The Returning Officer/ Election Officer and others. =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Mr. K. S. Malokar, Adv. for the petitioner. AGP Joshi for respondents 1 and 2. Mr. A. S. Dhore, Advocate for respondent no.3. CORAM ; B. P. DHARMADHIKRI, J. DATED : 21st October, 2010. Heard Advocate Malokar for the petitioner, AGP Joshi for respondents 1 and 2 and Advocate Dhore for respondent no.3. Contention of Advocate Malokar is caste certificate was submitted for verification on 30.9.2010 itself and acknowledgment thereof as given by the officer of Special District Social Welfare office, Akola was enclosed along with nomination papers. As the acknowledgment did not contain the signature of the clerk receiving the same or date of its receipt, the respondent no.1 Returning Officer has rejected nomination paper. According to learned counsel, there was no error or fault on the part of the petitioner. He has further informed the Court that on 13/10.2010 office of Special District Welfare Office, Akola has written to respondent no.1 2 in this respect and supported the fact of receipt of caste certificate of petitioner for verification. AGP Joshi states that he is awaiting instructions from respondents 1 and 2. However, he has received communication dated 13.10.2010 sent by Special District Social Welfare Officer, Akola to respondent no.1 and that communication shows that petitioner has applied for verification on 30.9.2010. I have perused the said communication dated 13/10/2010. Learned AGP states that he will file photo stat copy of letter on record. The election is scheduled on 24.10.2010. It is, therefore, apparent that without disturbing election process, name of petitioner can be added and he be permitted to contest election. Respondent no.1 is is directed to accept his nomination papers and allot him symbol and to add his name to the ballot paper. The impugned order dated 11.10.2010 is accordingly quashed and set aside. Writ petition is thus allowed. No order as to costs. Steno copy is allowed. JUDGE ambulkar