1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7898 OF 2010 Ashok s/o Yamaji Ghongade Petitioner Versus The Assistant Registrar, Co-operative Societies, Paithan, and others Respondents Mr.S.S.Thombre, advocate for the petitioner. Mr.N.N.Jadhav, A.G.P. for Respondents No.1 & 2. WITH CIVIL APPLICATION NO.12790 OF 2010 IN WRIT PETITION NO.7898 OF 2010 Ramdas s/o Baburao Dhokle Applicant Versus The Assistant Registrar, Co-operative Societies, Paithan, and others Respondents Mr.P.B.Kakade, advocate for the applicant. Mr.S.S.Thombre, advocate for Respondent No.4-ori. petitioner. Mr.N.N.Jadhav, A.G.P. for Respondents No.1 & 2. 2 CORAM: R.M.BORDE, J. DATE : 8 th September, 2010. P.C.: 1 Heard learned Counsel for respective parties. 2 The nomination paper tendered by the petitioner has been rejected on the ground that the caste certificate tendered by the petitioner along with nomination paper does not disclose that he belongs to `Nomadic Tribe’. 3 It is contended that caste `Dhangar’ was previously included in Other Backward Class category, however, since recently, same has been included in the category of Nomadic Tribes. The caste certificate mentions the caste as `Dhangar’, therefore, his nomination paper ought to have been accepted. 4 On the contrary, it is pointed out that the declaration made by the candidate, which is part of the nomination paper, discloses that the petitioner belongs to `Vimukta Jati’. The petitioner claims to be belonging to NT (C) category, whereas, he has presented nomination as belonging to `Vimukta Jati’. 5 The defect, that has occurred in tendering the nomination paper cannot be said to be a technical defect and not of a substantial character. The Returning Officer, therefore, was 3 justified in rejecting the nomination paper tendered by petitioner. Petition is devoid of substance. 6 Writ Petition stands rejected. 7 Civil Application for intervention does not survive and stand disposed of accordingly. (R.M.BORDE) JUDGE ******* adb/wp789810