Ajay Diliprao Komatwar vs The State Of Maharashtra Through Its ...
2024 Latest Caselaw 14275 Bom

Bombay High Court

Ajay Diliprao Komatwar vs The State Of Maharashtra Through Its ... on 6 May, 2024

Author: Ravindra V. Ghuge

Bench: Ravindra V. Ghuge

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                                                             wp4702.24.odt

         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                     BENCH AT AURANGABAD

                    22 WRIT PETITION NO. 4702 of 2024

     Ajay Diliprao Komatwar                         ....Petitioner

     versus

     The State of Maharashtra & others              .....Respondents

     Mr. S. M. Vibhute, Advocate for the Petitioner.
     Mr. R. K. Ingole, AGP for the State.

                                  CORAM : RAVINDRA V. GHUGE AND
                                          R. M. JOSHI, JJ.

                                  DATE       : 6th MAY, 2024.
PER COURT :

1. The Petitioner was elected as the Member of the Gram

Pachayat from the open category. However, on the basis of a claim of

belonging to Rajgond Scheduled Tribe category, he was elected as the

Sarpanch of Gram Panchayat Dindrud, Tq. Majalgaon since the post

of Sarpanch was reserved for a Scheduled Tribe category. By the

impugned judgment of the Committee dated 18.04.2024, his claim of

belonging to the Rajgond Scheduled Tribe category has been

invalidated on the basis of conclusion of interpolation and

manipulation in the records.

wp4702.24.odt

2. Issue notice to the Respondents, returnable on

02.07.2024. The learned AGP waives service of notice on behalf of

Respondents No. 1 to 5. Hamdast granted to serve Respondent No. 6

on request.

3. Considering the law laid down in the case of Anant H.

Ulahalkar and another vs. Chief Election Commissioner and others,

2017(1) Mh.L.J. 431 (full bench) and the order of this Court in the

case of Rajkumar Motising Taur vs. The District Caste Certificate

Scrutiny Committee and others, dated 06.07.2022, in Writ Petition

No. 6748/2022, we are staying the proceedings under criminal law

against the Petitioner. However, we record that the Petitioner would

no longer function as the Sarpanch. The Upsarpanch shall officiate

as the Sarpanch. Until further orders, the election to the post of

Sarpanch would not be held without the leave of the Court.

4. All the office objections to be removed on or before

24.06.2024, failing which, the Petition shall stand dismissed without

reference to the Court, on 25.06.2024.

( R. M. JOSHI)                               ( RAVINDRA V. GHUGE)
    JUDGE                                            JUDGE
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