Moinuddein Mansursab Momin vs The State Of Maharashtra Through ...
2021 Latest Caselaw 1479 Bom

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             IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                        BENCH AT AURANGABAD

                         WRIT PETITION NO. 3879 OF 2020

 Moinuddin Mansursab Momin                      ... Petitioner
       Versus
 The State of Maharashtra and others            ... Respondents
                                  ....
 Mr. Amit S. Deshpande, Advocate for petitioner
 Mr. S. N. Morampalle, AGP for respondent Nos. 1, 2 and 6
 Mr. S.N.Lale, Yelwatkar, Advocate for respondent Nos.3 & 4 - absent
 Mr. A. B. Kadethankar, Advocate for respondent No.5
                                  ....

                                    CORAM : R. G. AVACHAT, J.

DATED : 21st JANUARY, 2021

PER COURT :-

. The petitioner was elected as Sarpanch of village

Kalmugali, taluka Nilanga, district Latur in October-2017 on the post

reserved for other backward category (O.B.C.) The petitioner is

'Momin' by caste, which falls under O.B.C. category. At the time of

filing of nomination, he had submitted his caste certificate and a

copy of the application made to the District Caste Certificate Scrutiny

Committee, Latur. He, however, failed to produce caste validity

certificate within a time frame. Respondent Nos. 3 and 4, preferred a

complaint to the Collector and urged for removal of the petitioner

from the post of Sarpanch. Their complaint was allowed. The

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petitioner was held to have been terminated retrospectively vide

order dated 30.07.2019. Thereafter, on 10.12.2019, the Caste

Certificate Scrutiny Committee granted the petitioner caste validity

certificate. The petitioner has, therefore, prayed for direction to

respondent No.1 to restore him to the post of Sarpanch.

2. As per Section 10-1A of the Maharashtra Village

Panchayats Act, it was mandatory on the part of petitioner to

produce caste validity certificate within a period of twelve months

from the date of his election to the post of Sarpanch. It seems, he

ought to have produce the same on or before 10-10-2018. Failure to

produce such certificate within the time frame has a consequence in

the nature of his election to be deemed to have been terminated

retrospectively and he shall be disqualified for being a member.

3. Similar provision contained in Section 9-A of the

Maharashtra Municipal Councils, Nagar Panchayats and Industrial

Townships Act, 1965, was a subject matter of interpretation before a

Full Bench of this Court in the case of Anant H. Ulahalkar & anr. vs.

Chief Election Commissioner & ors. - 2017(1) Bom.C.R. 230 ,

wherein, it has been held that the said provision is mandatory.

Section 9-A provides for a statutory fiction, which is evident from

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use of expression "his election shall be deemed to have been

terminated retrospectively and he shall be disqualified being a

Councillor". Statutory fiction must be allowed to have its full play.

4. In view of the aforesaid judgment, the petitioner has no

merit in the matter. The writ petition, therefore, fails. The same is

dismissed.

[ R. G. AVACHAT, J. ]

SMS

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