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2018 DIGILAW 935 (BOM)

Nandatai Vasantrao Allurwar v. Registrar and the Returning Officer, Gondwana University Gadchiroli

2018-04-03

ARUN D.UPADHYE, B.P.DHARMADHIKARI

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JUDGMENT : B.P. Dharmadhikari, J. 1. Rule. Rule made returnable forthwith. The petition is heard finally with the consent of the learned Counsel for the parties. A lone nomination submitted by petitioner for membership of Senate of Gondwana University as Management Representative (Woman Category) has been rejected on 16/11/2017 on the ground that graduation certificate supplied by her was not in her name. 2. Petitioner thereafter filed appeal on 17/11/2017 before Vice Chancellor. In appeal memo, she pointed out that nomination paper was filed in marital name, while her graduation certificate was in maiden name. She also claimed that therefore with nomination paper, affidavit sworn before Executive Magistrate and a photocopy of passport was supplied. Vice Chancellor has on 20/11/2017 rejected appeal holding that such affidavit or passport copy was not filed. 3. Learned Counsel for petitioner during arguments has invited our attention to the fact that very same University has, in Collegium of Management Representatives for the year 2017, shown petitioner as representative of Bharat Shikshan Prasarak Mandal, Saoli, Chandrapur. He claims that thus there is no dispute about fact of petitioner being graduate. He further adds that though petitioner supplied affidavit and photocopy of passport, there is no requirement in nomination paper to produce the same. 4. Learned Counsel for respondents submits that elections are already over and remedy of filing election petition was available to petitioner. Petitioner submitted two nomination papers but with none, she filed any affidavit or photocopy of passport. According to him, in this situation, when filing of a graduation certificate is mandatory, document in a different name could not have been associated with petitioner by respondents and hence, her nomination paper is rightly rejected. He therefore prays for dismissal of writ petition. 5. Petitioner has filed her nomination paper in prescribed proforma. The prescribed proforma stipulates that nomination is to be proposed by one person. Thereafter, it is required to be seconded by another person and it is to be signed by petitioner. 6. Nomination paper is accordingly proposed, seconded and thereafter signed by petitioner. Along with that nomination paper, she has given other relevant documents, namely, showing necessary experience of more than two years and about NAAC accreditation. Requirement of submitting caste validity is not attracted here. To show that she is graduate, she has filed copy of degree certificate issued by Yashwantrao Chavan Maharashtra Open University, Nashik. Along with that nomination paper, she has given other relevant documents, namely, showing necessary experience of more than two years and about NAAC accreditation. Requirement of submitting caste validity is not attracted here. To show that she is graduate, she has filed copy of degree certificate issued by Yashwantrao Chavan Maharashtra Open University, Nashik. That graduation certificate is issued in May, 2011 and it mentions name of one Gaddamwar Nandatai Wamanrao. 7. Petitioner has filed nomination paper in name of Nandatai Vasantrao Allurwar. The above mentioned graduation certificate has been produced by her as her own along with nomination paper to establish the fact of graduation. 8. Thus, petitioner a married woman claimed that document to be her own. 9. In this situation, when it is generally a practice that a girl after her marriage changes her name, only fact of different name in graduation certificate would not have been sufficient to hold that petitioner has not fulfilled necessary requirements. Fact that her name appeared in Colleguim of Management Representatives, 2017 and fact that her nomination was proposed and seconded by competent persons along with claim of petitioner that it was her own document ought to have been sufficient to hold the petitioner eligible to contest. 10. In present matter, there was no other candidate for the post and as such there was only nomination form of the petitioner. Form or Rules do not require any affidavit or other document in support of identity or change of name. Taking overall view of the matter, we find rejection of nomination of petitioner on 16/11/2017 or then rejection of her appeal thereafter on 20/11/2017 passed by Vice Chancellor unsustainable. Both orders are accordingly quashed and set aside. Petitioner in this situation is declared elected unopposed by making Rule absolute in terms of prayer clause (i). No costs.