Case Note & Summary
The petitioner, Rohini Kishor Raut, filed a writ petition challenging the rejection of her nomination form for the post reserved for Other Backward Class category in Gram Panchayat Loni, Tahsil Nandgaon Khandeshwar, District Amravati. She had submitted a caste validity certificate along with her nomination form, which certified that she belongs to Kunbi – Other Backward Class category. The Returning Officer/Tahsildar rejected her nomination form. The court observed that since the petitioner had submitted a caste validity certificate, the requirement of submitting a caste certificate did not survive. Therefore, the rejection of the nomination form was an error apparent on the face of the record. The court also noted 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 petition, quashed the order of rejection, and directed the respondent to accept the nomination form provisionally if otherwise in accordance with law.
Headnote
A) Election Law - Nomination Rejection - Caste Validity Certificate - The petitioner submitted a caste validity certificate along with her nomination form for a reserved category seat, which made the requirement of a caste certificate unnecessary. The rejection of the nomination form was held to be an error apparent on the face of the record. (Paras 2-3)
Issue of Consideration
Whether the rejection of the petitioner's nomination form for a reserved category seat in Gram Panchayat election was erroneous when she had submitted a caste validity certificate along with the nomination form.
Final Decision
The court allowed the writ petition, quashed the order of rejection, and directed the respondent to accept the nomination form provisionally if otherwise in accordance with law.
Law Points
- Election Law
- Caste Validity Certificate
- Nomination Rejection
- Error Apparent on Face of Record
- Alternate Remedy
Case Details
2015 LawText (BOM) (04) 157
Writ Petition No. 2044 of 2015
Shri N.R.Saboo (for Petitioner), Ms. Rashi Deshpande (AGP for Respondent), Shri P.S.Patil (for Intervener)
Returning Officer/Tahsildar, Nandgaon Khandeshwar, Distt. Amravati
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Nature of Litigation
Writ petition challenging rejection of nomination form for Gram Panchayat election.
Remedy Sought
Petitioner sought quashing of the order rejecting her nomination form and direction to accept it.
Filing Reason
The petitioner's nomination form for a reserved category seat was rejected despite her submitting a caste validity certificate.
Previous Decisions
The court had passed an interim order on 10th April 2015 directing provisional acceptance of the nomination form.
Issues
Whether the rejection of nomination form was erroneous when a caste validity certificate was submitted.
Submissions/Arguments
Petitioner argued that submission of caste validity certificate made requirement of caste certificate unnecessary.
Respondent raised contentions regarding alternate remedy and bar to entertain the petition.
Ratio Decidendi
When a candidate submits a caste validity certificate along with the nomination form for a reserved category seat, the requirement of submitting a caste certificate does not survive, and rejection of the nomination form on that ground is an error apparent on the face of the record.
Judgment Excerpts
The petitioner submitted along with the nomination form a caste validity certificate that she belongs to Kunbi – Other Backward Class category.
In view of the submission of the caste validity certificate, the requirement of submitting the caste certificate did not survive.
Thus, there is an error apparent on the face of the record in rejecting the nomination form of the petitioner.
Procedural History
The petitioner filed Writ Petition No. 2044 of 2015 before the Bombay High Court, Nagpur Bench. On 10th April 2015, the court passed an interim order directing provisional acceptance of the nomination form. The matter was heard finally on 20th April 2015 and the petition was allowed.
