Meena Shashikant Sonawane vs The State Of Maharashtra Through The ...
2023 Latest Caselaw 11945 Bom

Bombay High Court

Meena Shashikant Sonawane vs The State Of Maharashtra Through The ... on 30 November, 2023

2023:BHC-AUG:25158

                                                                    1                                      952

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                952 WRIT PETITION NO.4842 OF 2023

              .         Meena Shashikant Sonawane,
                        Age: 36 years, Occu.: Household,
                        R/o.: Vadnagari, Post Fufnagari,
                        Tq. and Dist. Jalgaon                                        .. Petitioner

                                         Versus

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

              2.        The District Collector,
                        Jalgaon, Dist.: Jalgaon

              3.        The Tahsildar,
                        Jalgaon, Dist.: Jalgaon

              4.        Gorakh Gulab Gaikwad,
                        Age: 45 years, Occu.: Agri.,
                        R/o.: Vadnagari, Post.: Fufnagari,
                        Tq. Bhusawal, Dist. Jalgaon        .. Respondents
                                             ...
                        Advocate for Petitioner: Mr. Kadu Shivraj
                          AGP for Respondent/State: Mr. R. S. Wani
                                             ...
                                            CORAM : ARUN R. PEDNEKER, J.
                                                             DATE   : 30th NOVEMBER, 2023

              ORAL JUDGMENT:

1. Heard.

2. Rule. Rule is made returnable forthwith.

With consent of the parties, the matters is taken up

for final hearing.

3. The petitioner is an elected member of the

village panchayat, who has been disqualified for not

having submitted the caste validity certificate

within stipulated period. However, by ordinance dated

10.07.2023, the Government has extended time to

submit the caste validity certificate by 12 months

from the date of the ordinance and the petitioner

still has the period up till 09.07.2024 to submit his

caste validity certificate.

4. The learned counsel further submits that his

caste validity certificate is not yet invalidated

till date and the proceedings are pending.

5. The learned counsel also relies upon the

judgment of this court dated 17.07.2023 passed in

Writ Petition No.6102 of 2023, wherein in identical

fact situation this court has set aside the order

passed by the authorities and restored the position

of the petitioner thereon as a member of the village

panchayat.

6. In view of the same, the impugned orders are

quashed and set aside. The petitioner is restored

back as a member of the village panchayat. The writ

petition is allowed in terms of prayer clause "C".

Rule is made absolute in above terms.

7. The writ petition stands disposed of.

[ARUN R. PEDNEKER, J.] marathe