Indubai Vishnu Bobade vs The State Of Maharashtra And ...
2017 Latest Caselaw 8365 Bom

                                       1                       W.P.No.12524/16

                                      UNREPORTED

                      IN THE HIGH COURT OF JUDICATURE
                                  AT BOMBAY

                                BENCH AT AURANGABAD.




                           WRIT PETITION NO.12524 OF 2016


          Smt.Indubai W/o Vishnu
          Bobade, Age 40 years,
          Occ.Household, R/o
          Pimpalgaon (Alwa), Tq.
          Jamkhed, Dist.Ahmednagar.               ... Petitioner.


                           Versus

          1. The State of Maharashtra
          through the Secretary
          Rural Development Department
          Mantralaya,Mumbai-32.

          2. The Caste Certificate
          Scrutiny Committee, Nashik
          Division, Nashik Committee
          No.1, Nashik.

          3. The Divisional Commissioner,
          Nashik Division, Nashik.

          4. The Additional Collector,
          Ahmednagar.

          5. The Tahsildar,
          Jamkhed, Tq.Jamkhed,
          Dist.Ahmednagar.                        ...Respondents.
                                           ...

          Mr.N.V.Gaware, advocate for the petitioner.
          Mr.P.S.Patil, Additional Government Pleader for
          the State.
                                   ...




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                                                2                        W.P.No.12524/16

                                   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 petition is taken up for final

hearing.

2. The petitioner is elected as a Member

of the Village Panchayat from reserved category.

On account of non-submission of validity

certificate within a period of six (6) months as

provided U/s 10-1A of the Maharashtra Village

Panchayats Act, the petitioner is disqualified.

Mr.Gaware, learned counsel submits that

subsequently the petitioner is issued the

validity certificate.

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 order is

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.)



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