Sau. Lata Panjab Pawar @ ... vs State Of Maharashtra, Through ...
2023 Latest Caselaw 10388 Bom

2023:BHC-NAG:14933
                                   1                        63-4688-2023-J.odt


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              NAGPUR BENCH AT NAGPUR

                            WRIT PETITION NO. 4688 OF 2023

          PETITIONER          :        Sau. Lata Panjab Pawar @ Chandrakala
                                       Santosh Thakre,
                                       Councillor, Zilla Parishad, Akola,
                                       Age 50 years, Occ. Agriculture,
                                       R/o Umra, Tq. Patur, Dist. Akola

                                          VERSUS

          RESPONDENTS :           1.   State of Maharashtra, through Divisional
                                       Commissioner, Amravati

                                  2.   Collector, Akola, Tq. & Dist. Akola

                                  3.   Zilla Parishad, Akola, Through Chief
                                       Executive Officer, Tq. & Dist. Akola

                       Mr. D.G. Gawande, Advocate for the Petitioner
                       Mrs. S.S. Jachak, AGP for Respondents / State
                       Mr. U.J. Deshpande, Advocate for Respondent No.3


                                            CORAM: AVINASH G. GHAROTE, J.

DATED : 9th OCTOBER, 2023

ORAL JUDGMENT :

Rule. Rule made returnable forthwith. Heard

finally with the consent of learned counsel for the

parties.

2. It is not disputed that in terms of the

Maharashtra Temporary Extension of Period for 2 63-4688-2023-J.odt

Submitting Validity Certificate (For Certain Elections to

Village Panchyats, Zilla Parishads and Panchayat

Samitis) Act, 2023, the period of submitting validity by a

person elected to the Zilla Parishad in a reserved seat

has to be submitted within a period of 12 months from

14th August, 2023, the date on which the Act has come

into force. Mr. Gawande, learned counsel for the

petitioner submits that the validity has already

submitted to the Zilla Parishad, in view of which, the

impugned order cannot be sustained and is hereby

quashed and set aside. The petition is allowed in the

above terms. No costs.

3. It is directed that the petitioner shall be

continue to be the member of Zilla Parishad, Akola.

Rule is made absolute in the above terms.

(AVINASH G. GHAROTE, J.) MP Deshpande

Signed by: Mr. M.P. Deshpande Designation: PA To Honourable Judge Date: 11/10/2023 17:04:35