1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5888 OF 2010 Date of decision:6/7/2010 For approval and signature HON'BLE MR. JUSTICE P.V.HARDAS HON'BLE MR. JUSTICE N.D.DESHPANDE 1. Whether the Reporters of Local Papers Yes. may be allowed to see the Judgment ? 2. To be referred to the Reporter or not ? No 3. Whether Their Lordships wish to see No. the fair copy of the Judgment ? 4. Whether this case involves a substantial? No. question of law as to the interpretation of the Constitution of India, 1950, or any order made thereunder ? 5. Whether it is to be circulated to the No. Civil Judges ? 6. Whether the case involves an important No question of law and whether a copy of the Order should be sent to Bombay, Goa and Nagpur Office ? (A.G. PARALIKAR) Private Secretary agp/office/5888-10wp 2 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5888 OF 2010 Sunanda w/o Namdev Kamble, Age 36 years, Occup. Household, r/o Kadoli, Ta. Sengaon, Dist. Hingoli. ...PETITIONER VERSUS 1. The State of Maharashtra, Through the Secretary of Tribal Development Department, Mantralaya, Mumbai. 2. The State Election Commissioner, State Election Commission, Mumbai. 3. The District Election Officer, Hingoli, Dist. Hingoli. 4. Scheduled Tribe Scrutiny Committee, Aurangabad. ...RESPONDENTS ... Mr.N.R.Jamdhade, Adv., for the petitioner. Mr. S.K.Kadam, A.G.P., for respondent no.2. Mr.P.S.Patil, Adv., for respondent no.4. ... CORAM:P.V.HARDAS AND N.D.DESHPANDE, JJ. DATE : 6/7/2010 *** 3 ORAL JUDGMENT: 1. Heard. Rule. Rule made returnable forthwith. With the consent of the learned Counsel for the parties, this petition is heard finally at the stage of admission. 2. By this petition the petitioner prays for issuance of a Writ of Mandamus, directing the Committee to decide the appeal preferred by the petitioner against the order of the Sub Divisional Officer, rejecting his application for issuance of caste certificate. The other relief which the petitioner has prayed for is for directing respondent nos. 2 and 3 to accept the nomination form of the petitioner for a reserved seat in the Gram Panchayat election. 3. The relief prayed for at prayer clause C to the petition cannot be granted as the requirement of the Statute is that a candidate seeking to submit nomination in respect of a reserved seat has to tender the caste certificate. Since the petitioner does not possess a caste certificate, no writ of Mandamus can be issued, against the statutory provisions. The writ petition, therefore, stands dismissed in respect of prayer clause (C) to the petition. 4 In respect of the relief of directing the Committee to decide the appeal, we direct the Committee to decide the appeal within one month from today and communicate the decision thereon to the petitioner. Rule made absolute on the above terms. No order as to costs. (N.D.DESHPANDE) (P.V.HARDAS) JUDGE JUDGE ... agp/5888-10wp