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2002 Supreme(Bom) 53

S.A.BOBDE, R.M.LODHA
Anant Janardan Patil – Appellant
Versus
State of Maharashtra & others – Respondent


JUDGMENT - R.M. LODHA, J.:---Heard Mr. R.K. Mendadkar, learned Counsel for the petitioner and Mr. Sonawane, learned Assistant Government Pleader.

2. By means of this writ petition the petitioner seeks to challenge the order dated 20th October, 1997 issued by respondent No. 1 Returning Officer rejecting his nomination form for contesting the election in Ward No. 4 of Village Gram Panchayat Navghar which is reserved ward for schedule tribes. The petitioner claims that he belongs to Mahadeo Koli a notified schedule tribe. It is his case that the Executive Magistrate, Uran on 22-4-1980 has issued the certificate certifying the petitioner to be belonging to Mahadeo Koli-scheduled tribe. The petitioner filed his nomination form on 9-10-97 for Navghar Gram Panchayat election as scheduled to be held on 25-10-97. The Returning Officer rejected the petitioner's nomination form on scrutiny of the nomination paper on the following grounds:-

"1. Your application does accompany with xerox copy of scheduled tribe certificate, but it is not found in prescribed format. For issuance of caste certificate, Government in Social Welfare Department, Cultural Affairs and Sports Department was vide its G.R.
































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