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1997 Supreme(Bom) 461

N.P.CHAPALGAONKER, V.R.DATAR
Farook Ali Khan s/o Ilyas Khan and others – Appellant
Versus
Maharashtra State Election Commission and others – Respondent


JUDGMENT - N.P. CHAPALGAONKAR, J.:---These petitions challenge the order passed by the Returning Officer either rejecting the nomination paper of the petitioner or accepting the nomination paper of the respondent in Nanded Waghala Municipal Corporation elections, which are in process. Elections were declared by a Notification dated 18-8-1997. The scrutiny of nominations took place on 28-8-1997. Ten petitions challenge the rejection of the nomination paper of petitioner by the Returning Officer and one petition challenges acceptance of the nomination paper of respondent No. 5 in their petition, who is alleged to be defaulter and, therefore, disqualified. Since all these petitions raise common questions of law and facts, they are being disposed of by this common order.

2. The nomination papers were rejected on either of the following grounds :

(1) The petitioner was not qualified to be chosen being below the prescribed age of 21 years;

(2) The original caste certificate showing the entitlement of the petitioner to contest the seat reserved for that category was not produced at the time of scrutiny;

(3) Certificate which was produced did not contain the seal of the office of the authori






















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