wp2907.11 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ WRIT PETITION NO. 2907 OF 2011 SACHIN BHARAT KAMBLE VERSUS THE STATE OF MAHARASHTRA AND ORS ... Advocate for Petitioners : Mr.Bhise Sachin S AGP for Respondents 1 to 3: Mr.G.R. Ingole Advocate for Respondents : Mr. R K Ashtekar for R/4 ... CORAM : S.S. SHINDE, J. Dated: November 25, 2011 ... Heard learned Counsel for the parties. 2 The learned Counsel for the petitioner would contend that the nomination form which was filled in for contesting the election as member of Gram Panchayat by respondent No.4 should have been accompanied with the proof of sending the caste certificate of respondent No.4 for verification and validation, to the Caste Scrutiny Committee. In short, the submission of the learned Counsel for the wp2907.11 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ petitioner is that the respondent No.4 did not submit the proof to that effect along with the nomination form on or before 21st August, 2010. According to the Counsel for the petitioner, the said requirement was not fulfilled by the respondent No.4 and therefore, the Returning Officer rightly rejected the nomination form filled in by the respondent NO.4 for the post of Sarpanch. He further submits that the Additional Collector and also the revisional authority have not properly considered the submissions of the petitioner and rejected the appeal. 3 On the other hand, the learned Counsel for the respondent No.4 submits that the respondent No.4 contested the election to be the member of Gram Panchayat from general category and, therefore, it was not necessary for him to submit proof of sending the caste certificate for verification. Such requirement is wp2907.11 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ necessary if the candidate wishes to contest election from reserved category. He further submits that the respondent No.4 belongs to Scheduled Caste category and he wanted to contest the election for the post of Sarpanch, which was reserved for S.C. category and, therefore, before filling in nomination form for the post of Sarpanch, he did send the caste certificate for verification / validation to the Caste Scrutiny Committee and proof to that effect was submitted along with the nomination form. Therefore, according to the learned Counsel appearing for the respondent No.4, writ petition is devoid of any merit and deserves to be dismissed. 4 I have given due consideration to the rival submissions of the parties. The submission of the Counsel for the respondent No.4 is required to be accepted. It is not in dispute that the respondent No.4 contested the election for the Gram wp2907.11 4 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ Panchayat from general category. The contention of the Counsel for the petitioner that such proof of sending caste certificate for verification to the Caste Scrutiny Committee should have been filed on or before 21st August, 2010, is devoid of any merit. It is also not in dispute that the respondent No.4 did submit proof of sending Caste Certificate for verification to the Caste Scrutiny Committee before filing nomination for the post of Sarpanch. 5 I do not find any reason to upset the findings recorded by the authorities below. No case is made out for interference in the matter. Writ Petition is dismissed. (S.S. SHINDE, J.) PLK/*