Rohidas Bhaguji Garade And ORS. v. State Of Maharashtra Through Its Principal Secretary And ORS.

57-wp-1455-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1455 OF 2018 Rohidas Bhaguji Garade & Ors.

...Petitioners

V/s.

State of Maharashtra & Ors.

...Respondents

---- Mr.J.G. Reddy for the Petitioners.

Mr.V.N. Sagare, AGP for Respondent-State.

Mr.I.A. Shaikh i/b Mr.S.B. Shetye for Respondent No.2. ---- CORAM : RANJIT MORE & SMT. ANUJA PRABHUDESSAI, JJ.

DATE : 05th FEBRUARY 2018 P.C.

1.

By this petition petitioner seeks to challenge the notification of the State Election Commission dated 22nd January 2018. The said notification mandates the candidate contesting election as a member of the Grampanchayat to submit caste certificate and validity certificate along with nomination. 2.

The said circular of the election commission is in consonance with the provisions of Section 10(1)(A) of the Maharashtra Village Panchayat Act.

N.S. Kamble page 1 of 2

57-wp-1455-2018 3.

We therefore do not see any reason to interfere with this petition.

4.

Mr. Reddy invited our attention to the provisions of Section 30(1)(A) and submitted that so far as the election of the Sarpanch is concerned, the date to submit validity certificate is extended upto 28th February 2018. He makes grievance that similar benefits are not extended to the members and therefore the same is discriminatory.

5.

It is to be noted that the challenge in this petition is to the notification issued by the Election Commission. In absence of challenge to the provisions of the law, we cannot consider the submission of the learned counsel for the petitioner. 6.

In the light of this, we dismiss the petition. (SMT.ANUJA PRABHUDESSAI, J.) (RANJIT MORE, J.) N.S. Kamble page 2 of 2