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UNREPORTED
IN THE HIGH COURT OF JUDICATURE
AT BOMBAY
BENCH AT AURANGABAD.
WRIT PETITION NO.3103 OF 2017
Keshav S/o Kishanrao Doifode
Age 30 years, Occ.Agri.,
R/o Bramhangaon, Post
Moregaon, Tq.Sailu,
Dist.Parbhani. ... Petitioner.
Versus
1. The State of Maharashtra,
Rural Development Department,
Mantralaya, Mumbai, through
its Secretary.
2. The Divisional Commissioner,
Aurangabad, Tq. and Dist.
Aurangabad.
3. The District Collector,
Parbhani, Tq and Dist.
Parbhani.
4. The Grampanchayat Bramhangaon,
Post Moregaon, Tq. Sailu,
Dist.Parbhani, thorugh its
Gramsevak.
5. The State Election Commission,
Madam Kama Road, Mumbai. '
6. Divisional Caste Certificate
Scrutiny Committee No.l,
Aurangabad Khokadpura,
Aurangabad, Tq.and Dist.
Aurangabad.
7. Ramchandra S/o Madhavrao
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Kamble, Age 30 years, Occ.
Agri., R/o Bramhangaon,
Post Moregaon, Tq. Sailu,
Dist.Parbhani. ... Respondents.
...
WITH
WRIT PETITION NO.3145 OF 2017.
Deepak S/o Rajaram Kamble,
Age 34 years, Occ.Agri.,
R/o Bramhangaon, Post
Moregaon, Tq.Sailu,
Dist.Parbhani. ... Petitioner.
Versus
1. The State of Maharashtra,
Rural Development Department,
Mantralaya, Mumbai, through
its Secretary.
2. The Divisional Commissioner,
Aurangabad, Tq. and Dist.
Aurangabad.
3. The District Collector,
Parbhani, Tq. and Dist.
Parbhani.
4. The Grampanchayat Bramhangaon,
Post Moregaon, Tq. Sailu,
Dist.Parbhani, thorugh its
Gramsevak.
5. The State Election Commission,
Madam Kama Road, Mumbai. '
6. Divisional Caste Certificate
Scrutiny Committee No.l,
Aurangabad Khokadpura,
Aurangabad, Tq.and Dist.
Aurangabad.
7. Ramchandra S/o Madhavrao
Kamble, Age 30 years, Occ.
Agri., R/o Bramhangaon,
Post Moregaon, Tq. Sailu,
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Dist.Parbhani. ... Respondents.
...
Mr.A.S.Gandhi, advocate for the petitioners.
Mr.P.S.Patil, Additional Government Pleader for
the State.
Mr.Shivaji T.Shelke, advocate for Respondent
No.5.
Mr.V.M.Maney, advocate for Respondent No.7.
...
CORAM : S.V.GANGAPURWALA AND
SMT.VIBHA KANKANWADI,JJ.
Date : 02.11.2017.
ORAL JUDGMENT (Per S.V.Gangapurwala,J.)
1. Rule. Rule returnable forthwith. With the consent of the learned counsel for the parties, the petitions are taken up for final hearing.
2. The petitioners are elected as Members of the Village Panchayat from reserved category. On account of non-submission of validity certificates within a period of six months as provided U/s 10-1A of the Maharashtra Village Panchayats Act, the petitioners are disqualified. Mr.Gandhi, learned counsel submits that subsequently the petitioners are issued the ::: Uploaded on - 06/11/2017 ::: Downloaded on - 07/11/2017 01:24:51 ::: 4 validity certificates.
3. The Full Bench of this Court in the case of "Anant H.Ulahalkar and another Vs. Chief Election Commissioner and others" reported in 2017 (1) Mh.L.J. 431, had held that provisions of Section 10-1A of Maharashtra Village Panchayats Act, to be mandatory and the said judgment is stayed by the Apex Court in Special Leave to Appeal Nos.29874-29875 of 2016.
4. In light of that, the impugned orders are quashed and set aside. The Respondent- authority is at liberty to take further course of action depending upon the judgment that would be delivered by the Apex Court in the above referred matters.
5. Rule accordingly made absolute in above terms. No costs.
Sd/- Sd/-
(SMT.VIBHA KANKANWADI,J.) (S.V.GANGAPURWALA,J.)
asp/office/wp3103.17
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