Manisha Manoj Mandalik vs The State Of Maharashtra And ...
2021 Latest Caselaw 5744 Bom

                                                                              43.wp.5431.21.odt



                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            BENCH AT AURANGABAD

                             WRIT PETITION NO.5431 OF 2021

                           MANISHA MANOJ MANDALIK
                                    VERSUS
                     THE STATE OF MAHARASHTRA AND OTHERS

                                           ...
                    Advocate for Petitioners : Mr. Dhorde Vikram R.
                     AGP for Respondent/State: Mr. P.K. Lakhotiya
                                           ...

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

                                    DATE     :   30/03/2021
PER COURT :

1. We have heard Mr. Dhorde the learned counsel for the

petitioner.

2. The grievance of the petitioner is that the respondent No.5

contested the Election for the post of Member of the Gram Panchayat from

General Category (Women Category). The post of Sarpanch was reserved

for OBC. The respondent No.5 contested the Election to the post of

Sarpanch as OBC. The school record of respondent No.5 shows that she

does not belong to OBC. The respondent No.5 had also given the

declaration at the time of filling of the form for the post of Member of the

Gram Panchayat that she does not belong to reserve category. In view of

that the Election of respondent No.5 for the post of Sarpanch be set aside.

The learned counsel in alternate submits that the validation proceedings of

43.wp.5431.21.odt

respondent No.5 be directed to decide within two months.

3. The Caste Certificate is issued to respondent No.5 by competent

authority. The said certificate is required to be verified by the Scrutiny

Committee as per the law. Even as per the Provision of Section 10 (1) (a) if

the Validity Certificate is not submitted within one year, the Election of a

person from a particular category stands cancelled.

4. It is trite position of law that a person though elected from

general category as a Member of the Gram Panchayat can contest for the

post of Sarpanch from a reserved category if that person belongs to reserved

category. The validation proceeding is pending with the Scrutiny Committee

naturally everything shall depend upon the judgment that would be

delivered by the Scrutiny Committee in the validation proceeding for

respondent No.5. The Scrutiny Committee certainly would consider all the

relevant aspect of the matter at the time of deciding the validation

proceeding.

5. In light of the above, the writ petition is disposed of. No costs.

( SHRIKANT D. KULKARNI, J. ) ( S. V. GANGAPURWALA, J.)

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