1 Amk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 639 OF 2010 Sattapa Rau Bhuingade .. Petitioner Vs. Assistant Registrar, Cooperative Societies, Kolhapur & Ors. .. Respondents Mr. R. P. Walvekar for Petitioner. Mr. R.M. Patne AGP for Respondent no.1. CORAM : MRS. R. S. DALVI, J. DATE : 25 th January, 2010. P.C. Rule. Rule made absolute forthwith. 1. The petitioner belongs to a weaker section. The petitioner’s nomination papers are filed for the election of respondent No.3 Society. The petitioner’s nomination is rejected. The petitioner was called upon to produce the certificate of the Competent Authority relating to his income and land holding. That certificate has been given one day after the scrutiny. 2. Under Section 56 N (3) a member of the weaker 2 section, is required to give the details of his income and his land holdings along with his nomination papers. The petitioner submitted the certificate of the village Development Officer stating that he was from the weaker section. This nomination was filed on 05.01.2010. The scrutiny of this nomination was done on 06.01.2010 and under section 56 R (5). Under that Rule, the Returning Officer is required to scrutinize it, but not allow any adjournment of the proceedings. However, under the proviso to Rule 56 R (5) if any objection is raised by him the candidate must be allowed time to rebut it till the next date. 3. In this case, the Scrutiny Officer required the certificate of the Competent Authority relating to the income and land holding of the petitioner. The petitioner submitted it on the next date i.e. on 07.01.2010. Consequently, he has complied with the rules. Hence, the rejection of the petitioner’s nomination appears to be incorrect. The petitioner’s nomination shall be considered if it is held to be valid. It shall be included with other nominations held valid. It is clarified that the election is not stayed. Hence the rule is made absolute subject to what is stated above. 3 4. Parties to act on the copy of the order duly authenticated by the Sheristedar of this Court. 5. The Writ Petition is disposed of accordingly. (R. S. DALVI, J.)