1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7923 OF 2010 Shivaji s/o Govind Gajalwar .. PETITIONER VERSUS The State of Maharashtra & others .. RESPONDENTS Mr. A.M. Gaikwad, advocate for the petitioner. Mr. N.N. Jadhav, AGP for the State. Mr. S.T. Shelke, advocate for respondent no. 2. CORAM : R.M. BORDE, J. DATE : 31 st AUGUST, 2010. PER COURT : 1 Nomination paper tendered by the petitioner with a view to contest election to a seat of member of village panchayat Walag, Tq. Degloor has been rejected by the Returning Officer for the reason that the acknowledgment in respect of tendering of the caste certificate for verification to the Scrutiny Committee has not been presented alongwith nomination paper. 2 It reveals from perusal of original record which is made available by 2 learned counsel for the State Election Commission that the caste certificate issued in favour of the petitioner was not a part of the nomination paper tendered by him. It is also informed by learned counsel for the State Election Commission that the necessary certificate also does not find place with the proposal alleged to have been tendered by the petitioner for verification of the status claim. Section 10 (1-A) of the Bombay Village Panchayat Act requires presentation of the caste certificate alongwith nomination paper. Considering the mandatory provision of the act, order passed by the Returning Officer rejecting nomination paper tendered by the petitioner cannot be said to be erroneous. Writ petition is devoid of substance hence stands rejected. 3 Pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE ) JUDGE dyb/wp7923.10.odt