Harish Gyanoba Chintalwad vs The State Of Maharashtra And ...
2021 Latest Caselaw 4729 Bom

                                    1                  52-WP-4573-2021

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                         WRIT PETITION NO. 4573 OF 2021


Mr. Harish Gyanoba Chintalwad                            ...Petitioner

           Versus

The State of Maharashtra and others                      ...Respondents


Ms Suchita A. Dhongade, Advocate for Petitioner
Mr A.S. Shinde, AGP for Respondent-State


                                CORAM : S.V. GANGAPURWALA AND
                                        SHRIKANT D. KULKARNI, JJ.

DATE : 15th MARCH, 2021

PER COURT :

1. Ms Dhongade, the learned counsel for the petitioner submits

that the impugned orders are illegal. The petitioner is not at fault. The

caste certificate of the petitioner is referred to the Scrutiny Committee for

validation along with the nomination papers. It is fault of the Scrutiny

Committee in not validating the caste certificate. Though the petitioner is

not at fault, the impugned order is passed disqualifying the petitioner as

Sarpanch. The tenure of the Sarpanch is five years. Only three and half

years have lapsed.

2. Mr Shinde, the learned Assistant Government Pleader relies on

the Judgment of this Court in case of Anant Hanumant Ulhalkar and

Anr. Vs. The State of Maharashtra reported in 2017 (1) ALL M.R. 1 and

confirmed by the Apex Court.

2 52-WP-4573-2021

3. In view of the judgment of the Full Bench of this Court in case of

Anant Ulhalkar (supra), the case of the petitioner needs no consideration.

4. Section 10 (1A) of the Maharashtra Village Panchayat Act has

been held to be mandatory by the Full Bench of this Court in the aforesaid

judgment. Non-production of validity certificate within one year is fatal to

the election of the petitioner as Sarpanch.

5. In light of that, no interference is called for.

6. The writ petition as such is disposed of. No costs.

[ SHRIKANT D. KULKARNI, J. ] [ S.V. GANGAPURWALA, J. ]

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