Raosaheb Dada Mhaske And Another vs The State Of Maharashtra And ...
2018 Latest Caselaw 64 Bom

                                 1                                  wp 13422.17

      IN THE HIGH COURT OF JUDICATURE AT BOMBAY 
                 BENCH AT AURANGABAD

                    WRIT PETITION NO. 13422 OF 2017

          Smt. Bala Balbeer Lot,
          Age : Major, Occu. : Household,
          R/o Shahapur Kekati,
          Tq. Nagar, Dist. Ahmednagar.                  ..    Petitioner
                Versus
 1.       The State of Maharashtra,
          Through the Secretary
          Rural Development Department
          Mantralaya, Mumbai - 32.

 2.       The Additional Collector,
          Ahmednagar.

 3.       The Tahsildar, Nagar,
          Tq. Nagar, Dist. Ahmednagar                   ..    Respondents

                                WITH
                    WRIT PETITION NO. 13423 OF 2017

 1.       Raosaheb Dada Mhaske,
          Age : Major, Occu. : HH and Agri.,
          R/o Nandgaon, Tal. Karjat,
          Dist. Ahmednagar.

 2.       Smt. Sangita Tatya Gunjal @
          Savita Tukaram Gailwad,
          Age-Major, Occu. : HH and Agril.,
          R/o Nandgaon, Tal- Karjat,
          Dist. Ahmednagar.                             ..    Petitioners

                   Versus




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

 2.       The Additional Collector,
          Ahmednagar.

 3.       The Tahsildar, Nagar,
          Tq. Nagar, Dist. Ahmednagar                      ..    Respondents

 Shri Vivek V. Tarde, Advocate for Petitioners in both matters.
 Shri A. S. Shinde, A.G.P. for All Respondents in both matters.

                           CORAM : S. V. GANGAPURWALA AND
                                      ARUN M. DHAVALE, JJ.

DATE : 04TH JANUARY, 2018.

ORAL JUDGMENT (Per S. V. Gangapurwala, J.) :-

. Rule. Rule made returnable forthwith. The learned Assistant Government Pleader waives notice of rule for all respondents. Taken up for final hearing with consent of parties.

2. The petitioners are members of the Gram Panchayats. The petitioners are disqualified on the ground that, they have failed to submit validity certificates within a period of six months as required U/Sec. 10(1-A) of the Maharashtra Village Panchayat Act. The learned counsel submits that, the petitioners herein have been issued with validity certificates, however, after the stipulated time of six months. The learned counsel relies on the

order passed by the Apex Court in SLP (C) Nos. 29874 and

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29875 of 2016 thereby granting stay to the judgment of the Full

Bench of this Court in a case of Anant H. Ulhalkar Vs. Chief Election Commissioner reported in 2017(1) Mh.L.J. 431.

3. The learned Assistant Government Pleader for respondents submits that, as the petitioners failed to comply the conditions laid down in Sec. 10(1-A) of the Maharashtra Village Panchayat Act, the authority has rightly disqualified the petitioners.

4. The Full Bench of this Court in a case of Anant H. Ulhalkar Vs. Chief Election Commissioner referred to

(supra) has observed that, stipulation of six months to submit

validity certificate is mandatory. The Apex Court in SLP (C)

Nos. 29874 and 29875 of 2016 (supra) has stayed the judgment

of the Full Bench of this Court.

5. In the light of the above, impugned orders are quashed and set aside. Rule Accordingly is made absolute in above terms. No costs.

6. It is made clear that, in case the Apex Court upholds judgment of the Full Bench of this Court, then the authorities are at liberty to take fresh action against the petitioners.

          Sd/-                              Sd/-
 [ARUN M. DHAVALE, J.]           [S. V. GANGAPURWALA, J.]
 bsb/Jan. 17