Bombay High Court
Keshav Kishanrao Doifode vs The State Of Maharashtra And ... on 2 November, 2017
Bench: S.V. Gangapurwala
1
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
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
