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2016 Supreme(Bom) 1758

A.S.OKA, M.S.SONAK, A.S.GADKARI
Anant H. Ulahalkar – Appellant
Versus
Chief Election Commissioner – Respondent


Advocates Appeared:
For the Petitioners: Mr. P.D. Dalvi and Mr. Balasaheb R. Deshmukh.
For the Respondents: Ms. Shriya Jadhav, Mr. Sachindra B. Shetye, Mr. A.B. Vagyani, Mr. V.B. Thadhani, Mr. P.G. Sawant, Ms. Tintina Hazarika, Mr. L.M. Acharya and Mr. Anish Khandekar.
For the Intervener : Mr. Murtaza Nazmi and Mr. Vaibhav Gaikwad.

JUDGMENT :

M.S. SONAK, J.

1. This reference concerns interpretation of Section 9A of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (Section 9A). The main provision of Section 9A provides that any person desirous of contesting election to a reserved seat must submit along with his nomination papers, a caste certificate issued by the Competent Authority and a Caste Validity Certificate (Validity Certificate) issued by the Scrutiny Committee in accordance with the Maharashtra Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 (Caste Act 2000). The first proviso to Section 9A, however, subject to certain conditions, permits a person to so contest even without submitting the Validity Certificate, provided, he files an undertaking that he shall submit the Validity Certificate within a period of six months from the date on which he is elected. The second proviso to Section 9A provides that, if such person fails to produce Validity Certificate within a period of six months from the date on






















































































































































































































































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