Shri. Ramdas S/O Vishwanath ... vs Returning Officer, For The ...
2021 Latest Caselaw 70 Bom

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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        NAGPUR BENCH, NAGPUR.

                WRIT PETITION (Stamp) NO. 79 OF 2021
     Mrs. Manjusha w/o Wasudeo Nehare Vs. Returning Officer, Gram
      Panchayat Chalbardi, cum Tahsildar, Kelapur District Yavatmal

                                 WITH
                WRIT PETITION (Stamp) NO. 77 OF 2021
  Sanjay Ramkrushna Chamlate Vs. Returning Officer, Gram Panchayat
          Naigaon, cum Tahsildar, Babhulgaon District Yavatmal

                                WITH
               WRIT PETITION (Stamp) NO. 78 OF 2021
Ramdas s/o Vishwanath Waghade Vs. Returning Officer, Gram Panchayat
          Chalbardi, cum Tahsildar, Kelapur District Yavatmal

                                WITH
              WRIT PETITION (Stamp) NO. 80 OF 2021
  Hanuman Ramchandra Lasante Vs. Returning Officer, Gram Panchayat
          Warha, cum Tahsildar, Kelapur, District Yavatmal
_______________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions            Court's or Judge's orders.
and Registrar's Orders.
                  Shri Pratik J. Mehta, Advocate for petitioners.
                  Shri S.P. Deshapnde, Addl. GP for respondent (W.P.(st) 79/2021)
                  Ms. T.H. Khan, A.G.P. for respondent (W.P. (st) 77/2021 & 80/2021)
                  Ms. M.A. Barabde, A.G.P. for respondent. (W.P. (st) 78/2021)


                                 CORAM : MANISH PITALE, J.

DATE : JANUARY 04, 2021.

Considering the extreme urgency projected on behalf of the petitioners, the petitions were taken up for consideration.

                  (2)            Heard learned counsel for the petitioners





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         (3)            The petitioners before this Court have challenged

the orders dated 31.12.2020 passed by the respondent - Returning Officer whereby their nomination forms for election to the Gram Panchyat, Chalbardi, Tahsil Kelapur, District Yavatmal, Gram Panchyat, Naigaon, Tahsil Babulgaon, District Yavatmal and Gram Panchyat, Warha, Tahsil Kelapur, District Yavatmal, have been rejected.

(4) Learned counsel for the petitioners submits that identical orders have been passed by the respondent- Returning Officer, in the cases of the petitioners before this Court, and that the reasons given for the rejection of their nomination forms are wholly unsustainable and infact, the impugned orders are clearly beyond jurisdiction of the respondent.

(5) It is submitted that the petitioners have specifically filed their nomination forms on the basis of belonging to Scheduled Tribe (Gond Govari). Caste certificates issued by the competent authority have been filed along with the nomination forms and the petitioners also placed on record the acknowledgments received from the competent Scrutiny Committee regarding submission of application and supporting documents for grant of validity of their caste certificates.

(6) It is submitted that the respondent - Returning Officer has wrongly referred to a recent judgment of the

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Hon'ble Supreme Court to reject the nomination forms of the petitioners. It is submitted that the said judgment of the Hon'ble Supreme Court states that a person belonging to Govari community is not entitled to claim status of Scheduled Tribe.

(7) It is submitted that when the caste certificates of the petitioners pertain to the Scheduled Tribe Gond Govari and their claims for validity are pending before the Scrutiny Committee, the respondent - Returning Officer had no jurisdiction to pass the impugned orders by referring to the judgment of the Hon'ble Supreme Court.

(8) A perusal of the impugned order does show that the respondent-Returning Officer has prima facie misdirected himself in referring to the judgment of the Hon'ble Supreme Court and rejecting the nomination forms of the petitioners.

(9) Hence, issue notice to the respondent returnable in four weeks.

(10) Shri S.P. Deshapnde, learned Additional G.P. waives notice on behalf of respondent in Writ Petition (st) No.79/2021, Ms. T.H. Khan, learned A.G.P. waives notice on behalf of respondent in Writ Petition (st) Nos. 77/2021 and 80/2021 and Ms. M.A. Barabde, learned A.G.P. waives notice on behalf of respondent in Writ Petition (st) No.78/2021).

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                (11)           In the meanwhile, there shall be ad interim relief

in terms of prayer Clause (2) of these writ petitions, subject to result of the writ petitions.

(12) Considering the urgency in the matters, the learned A.G.Ps. are requested to communicate this order to the respondent - Returning Officer immediately.

JUDGE

Wagh