- (1.) Leave granted.
(2.) The Appellant herein was elected to the Maharashtra Legislative Assembly from the 240-Omerga Legislative Assembly Constituency, which was reserved for a Scheduled Caste candidate. His election was challenged by one Shri Yadavrao, son of Bhimrao Suryawanshi, who was also a Scheduled Caste candidate. In order to contest the elections, the said Shri Yadavrao had filed three nomination forms which were all rejected by the Returning Officer on the ground that the proposer s name was not included in the voters list. Accordingly, the Returning Officer found Shri Yadavrao to be ineligible to contest the said elections as a candidate.
(3.) On 26 th September, 2009, Shri Yadavrao filed Writ Petition No.6474 of 2009, challenging the rejection of his nomination form which had been submitted by him as an independent candidate. On 1 st October, 2009, the High Court allowed the Writ Petition and quashed the order of the Returning Officer. The order of the High Court was challenged by the Election Commissioner before this Hon ble Court, in which notice was issued and the impugned judgment was stayed. Consequently, Shri Yadavrao s name was not included in the ballot paper and he was unable to contest the elections.;