Case Note & Summary
The petitioner, Smt. Pratibha Niranjan Nagmote, submitted her nomination form for election to the seat reserved for Other Backward Class (Women) category from Ward No.3 of Gram Panchayat Dhaga, Tahsil Warud, District Amravati. The Returning Officer rejected the nomination form on the ground that there was a discrepancy in the name mentioned in the application for grant of validity certificate. The petitioner had submitted an affidavit along with the nomination form stating that the certificate is in her maiden name and the application was made after the change of name upon her marriage. The Court, in an interim order dated 10th April 2015, directed the respondent to provisionally accept the nomination form subject to the result of the petition. The Court noted that the rejection was an error apparent on the face of the record and that the contentions regarding alternate remedy and bar to entertain the petition had already been dealt with in Writ Petition No.2009 of 2015. The Court allowed the writ petition, set aside the order of rejection, and directed the Returning Officer to accept the nomination form of the petitioner for the election to the seat reserved for O.B.C. (Women) category from Ward No.3 of Gram Panchayat Dhaga, Tahsil Warud, District Amravati, if it is otherwise in accordance with law.
Headnote
A) Election Law - Nomination Form - Rejection - Caste Certificate Name Discrepancy - The Returning Officer rejected the nomination form on the ground of discrepancy in the name in the application for validity certificate. The petitioner submitted an affidavit stating the certificate is in her maiden name and the application was made after marriage. The Court held that the rejection was an error apparent on the face of the record and set aside the rejection, directing provisional acceptance of the nomination form. (Paras 2-4)
Issue of Consideration
Whether the rejection of the petitioner's nomination form by the Returning Officer on the ground of discrepancy in the name mentioned in the application for grant of validity certificate is sustainable when the petitioner had submitted an affidavit explaining that the certificate is in her maiden name and the application was made after marriage.
Final Decision
The writ petition is allowed. The order passed by the Returning Officer rejecting the nomination form of the petitioner is set aside. The Returning Officer is directed to accept the nomination form of the petitioner for the election to the seat reserved for O.B.C. (Women) category from Ward No.3 of Gram Panchayat Dhaga, Tahsil Warud, District Amravati, if it is otherwise in accordance with law.
Law Points
- Election law
- Nomination form rejection
- Caste certificate validity
- Name discrepancy
- Affidavit explanation
- Error apparent on record
- Alternate remedy bar
- Writ jurisdiction
