Bombay High Court
Sojar Kisan Kale vs The State Of Maharashtra And ... on 9 December, 2016
Bench: R.M. Borde
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 12235 OF 2016
WRIT PETITION NO. 12236 OF 2016
WRIT PETITION NO. 12239 OF 2016
* * * * *
WRIT PETITION NO. 12235 OF 2016
Sudam s/o. Shahaji Raut ig .. Petitioner
Age. Major, Occ. Agri.,
R/o. Village Apati, Tq. Jamkhed,
Dist. Ahmednagar.
Versus
1. The State of Maharashtra .. Respondents
Through its Principal Secretary,
Rural Development Department,
Mantralaya, Mumbai-32.
2. The Caste Certificate Scrutiny Committee,
Nashik Division Committee No.1, Nashik.
3. The Additional Divisional Commissioner,
Nashik Division, Nashik.
4. The Additional Collector,
Ahmednagar.
5. The Tahsildar,
Tahsil Office, Jamkhed,
Dist. Ahmednagar.
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WITH
WRIT PETITION NO. 12236 OF 2016
Taibai Pravin Khavale, .. Petitioner
Age. Major, Occ. Agril & Household,
R/o. Village Apati, Tq. Jamkhed,
Dist. Ahmednagar.
Versus
1. The State of Maharashtra .. Respondents
Through its Principal Secretary,
Rural Development Department,
Mantralaya, Mumbai-32.
2. The Caste Certificate Scrutiny Committee,
Aurangabad Division Committee No.1,
Aurangabad.
3. The Additional Collector,
Ahmednagar.
4. The Tahsildar,
Tahsil Office, Jamkhed,
Dist. Ahmednagar.
WITH
WRIT PETITION NO. 12239 OF 2016
Saroj Kisan Kale .. Petitioner
Age. Major, Occ. Agril & Household,
R/o. Village Apati,
Tq. Jamkhed, Dist. Ahmednagar.
Versus
1. The State of Maharashtra .. Respondents
Through its Principal Secretary,
Rural Development Department,
Mantralaya, Mumbai-32.
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2. The Caste Certificate Scrutiny Committee,
Nashik Division Committee No.1, Nashik.
3. The Additional Divisional Commissioner,
Nashik Division, Nashik.
4. The Additional Collector,
Ahmednagar.
5. The Tahsildar,
Tahsil Office, Jamkhed,
Dist. Ahmednagar.
Mr.V.S. Undre, Advocate for the petitioners.
Mr.A.S. Shinde, AGP for respondent/State (WP12235/16)
Mr.S.B. Yawalkar, AGP for respondent/State (WP12236/16)
Mr.S.B. Pulkundwar,AGP for respondent/State (WP12239/16)
CORAM : R.M. BORDE &
Z.A. HAQ,JJ.
DATED : 09.12.2016
ORAL JUDGMENT :-
1. Heard.
2. Rule. Rule made returnable forthwith. With
consent of the parties, the petitions are taken up for
final disposal at admission stage.
3. The petitioners are members of Village Panchayat
and have been elected as against seats prescribed for the
reserved category. Since the petitioners could not submit
Validation Certificates within the time prescribed under
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section 10(1-A) of the Maharashtra Village Panchayats
Act, the Additional Collector took up the proceedings for
holding them disqualified to continue as members and by
virtue of order dated 15.09.2016 directed cancellation of
membership of the petitioners with retrospective effect
from the date of their nomination.
4. In Writ Petition No.12235 of 2016, the
petitioner is in receipt of the Validation Certificate
issued by the competent Scrutiny Committee. However, the
certificate has been issued two days after the order of
disqualification impugned in the petition was issued by
the Collector. In other two matters, it is stated that
the verification claims of the petitioners are pending
with the competent Scrutiny Committee.
5. It is not within the reach of the petitioners to
secure the Validation Certificates within the time
prescribed under section 10(1-A) of the Act and it is for
the Scrutiny Committee to take decision in the matter
after considering merits of the claim.
6. In the matter of Dadasaheb Arjun Gulve Vs. State
of Maharashtra & Ors. Vs. State of Maharashtra, 2008(2)
Bom.C.R.712, the Division Bench of this Court has held
the requirement of production of validation certificate
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within stipulated time, as directory. Similar view is
adopted by the learned Single Judge of this Court in the
matter of Alka w/o. Rajkaran Kshirsagar Vs. Sow. Shalini
w/o. Mahadeo Lokhande, Writ Petition No.3963 of 2013
decided on 16.09.2013. Although the Division Bench of
this Court in another matter has expressed contrary view,
the matter has been referred for consideration to the
Full Bench and the decision is awaited.
7.
In view of the facts and circumstances, in our
considered view, the orders impugned in these petitions
passed by the Additional Collector holding the
petitioners' disqualification to continue as member of
the Village Panchayat with retrospective effect deserve
to be quashed and set aside and the orders impugned are
quashed and set aside.
8. In Writ Petition No.12236 of 2016 and Writ
Petition No.12239 of 2016, the Scrutiny Committee is
directed to take decision in respect of caste/tribe
certificate verification proposals of the concerned
petitioners in accordance with the provisions of law as
expeditiously as possible, preferably within four months
from today. It is accordingly directed. Respective
petitioners undertake to co-operate the Scrutiny
Committee in disposal of the proposals expeditiously.
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9. Rule is accordingly made absolute in all the
matters. There shall be no order as to costs.
[Z.A. HAQ,J.] [R.M. BORDE,J.]
snk/2016/DEC16/wp12235.16
