1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 806 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 806 OF 2011 *** 1. Heard Advocate Shri Jadhavar for Petitioner, learned A.G.P. for Respondent Nos.1 to 5, Advocate Shri Osmanpurkar for Respondent No.7. 2. Challenge in this petition is to order passed by Respondent No.2 Additional Commissioner in Appeal CR 65/2010. That appeal was directed against the order dated 22nd October, 2010 passed by Respondent No.3 Additional Collector in Election Appeal under section 33 (5) of the Bombay Village Panchayat Act. 3. The learned counsel for petitioner has urged that, Respondent No.7, whose nomination paper for the election of the post of Sarpanch, came to be rejected, had not submitted caste validity certificate or then 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 806 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. a receipt of caste scrutinity committee about receipt of her caste claim at the time of filing of nomination for general election. As she did not comply with these requirements, at the stage of filing of nomination paper for general election, these documents could not have been supplied at the time of further election to the Post of Sarpanch. Rejection of her nomination paper is, therefore, in accordance with law. 4. Learned A.G.P. has as also Advocate Osmanpurkar support the impugned order. They point out that entitlement of Respondent No.7 to contest that election is not in dispute. They further urged that an O.B.C. person elected from open seat in general election is also entitled to contest election for the post of Sarpanch which is reserved for O.B.C. category. For such person it is not necessary to submit either the caste 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 806 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. certificate or then acknowledgment of caste scrutiny committee at the time of submission of nomination paper. 5. After hearing respective counsel, I am satisfied that the necessary questions are looked into by Respondent No.2 while delivering the impugned judgment on 19th January, 2011. The Respondent No.7 has not been elected as member of Gram Panchayat from reserved category. The fact that she belongs to reserved category is not in dispute at least at this stage. As a member belonging to O.B.C. category she contested election for the post of Sarpanch and only for that purpose along with nomination paper she supplied necessary documents. Thus, the documents have been supplied with nomination paper and that nomination paper was not relevant for the purpose of general election conducted earlier. I do not see 4 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 806 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. jurisdictional error or perversity. Petition is misconceived. Same is rejected. No costs. [B.P.DHARMADHIKARI, J.] Dated:09/02/2011. ans/806