Case Note & Summary
The petitioner, Dattatraya Pandharinath Chamle, was a contesting candidate for a seat reserved for Other Backward Class (OBC) category in the elections of Vividh Karyakari Seva Sahakari Society, Konali, Taluka Deoni, District Latur. The election programme scheduled distribution and acceptance of nomination forms from 7th June 2017 to 13th June 2017, scrutiny on 14th June 2017, declaration of validly nominated candidates on 15th June 2017, withdrawal from 15th June to 29th June 2017, distribution of symbols on 30th June 2017, publication of contesting candidates on 1st July 2017, and voting on 9th July 2017. Respondent no.4, Maruti Laxman Chamle, submitted his nomination form on 13th June 2017 claiming to belong to the OBC category and declaring that a true copy of the OBC certificate was annexed. Upon scrutiny, the Returning Officer made a brief endorsement rejecting respondent no.4's nomination on the ground that the OBC certificate produced was not valid. The petitioner challenged this rejection by way of a writ petition. The court considered whether the Returning Officer could reject a nomination on the ground of invalidity of the caste certificate without giving an opportunity to the candidate. The court held that at the scrutiny stage, the Returning Officer can only examine whether the certificate is prima facie valid and cannot go into its genuineness or validity in depth. The rejection was set aside and the nomination was directed to be accepted. The court also directed that the election process be completed as per schedule.
Headnote
A) Cooperative Societies - Election - Nomination Scrutiny - Caste Certificate - The Returning Officer rejected the nomination of respondent no.4 on the ground that the OBC certificate produced was not valid, without affording any opportunity to the candidate to explain or produce further evidence. The court held that at the scrutiny stage, the Returning Officer can only examine whether the certificate is prima facie valid and cannot go into its genuineness or validity in depth. The rejection was set aside and the nomination was directed to be accepted. (Paras 5-7) B) Cooperative Societies - Election - Writ Jurisdiction - Interference - The court exercised its writ jurisdiction under Article 226 of the Constitution of India to interfere with the rejection of nomination, as the Returning Officer acted beyond his jurisdiction and the rejection was arbitrary. (Para 8)
Issue of Consideration
Whether the Returning Officer can reject a nomination form on the ground that the caste certificate submitted is not valid or genuine, without giving the candidate an opportunity to explain or produce further evidence.
Final Decision
The court allowed the writ petition, set aside the rejection of respondent no.4's nomination, and directed the Returning Officer to accept the nomination form of respondent no.4. The election process was directed to be completed as per schedule.
Law Points
- Election law
- Cooperative societies
- Nomination scrutiny
- Caste certificate
- Prima facie validity
- Rejection of nomination
- Writ jurisdiction
