Sou. Ashwini Vikas Dal v. State Of Maharashtra And ORS

1 p-19.wpst-15322.2016.sxw hvn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (ST) NO. 15322 OF 2016 Sou. Ashwini Vikas Dal ...

Petitioner

Versus

State of Maharashtra and Ors.

...

Respondents Mr.Rahul Kadam for the petitioner.

Mrs. M.P. Thakur, AGP for the State.

CORAM : SHANTANU KEMKAR & MAKARAND KARNIK, JJ.

DATED : JUNE 13, 2016.

P.C.

Parties through their counsel.

2.

The grievance of the petitioner is that his application for validation of caste certificate is pending before the second respondent Divisional Caste Certificate Validation and Scrutiny Committee, Yerawada Pune. The same has not been considered and decided by the said Committee as yet. According to him, on the one hand, the said Committee has not decided the matter about the caste validation certificate of the petitioner and on the other hand the Collector (Election Branch, Pune) has proposed to initiate action for cancellation of her election as Sarpanch which was a post reserved for OBC women for village Wing, Taluka

2 p-19.wpst-15322.2016.sxw Khandala, District Satara as she had given an undertaking to the effect that the caste validation certificate will be submitted within six months. According to the petitioner, her application is pending before the Competent Authority and it is for the Committee to decide the matter and for non-deciding of the matter by the Committee, the petitioner cannot be penalized. Having considered the submissions made by the learned counsel for the parties and having gone through the averments and the annexures, we find that after being elected, the petitioner has immediately applied for validation of her caste certificate. Thereafter the petitioner has submitted reminders before the Committee for deciding her caste certificate expeditiously, however, the matter has not been decided as yet.

In view of the aforesaid, we are inclined to dispose of this petition by directing the second respondent to decide the petitioner's application for validation of the caste certificate as expeditiously as possible but not later than three months from the date of receipt of the copy of this order. Petitioner to cooperate for early disposal of her caste claim within the time as fixed by this court. We also record the statement made by the learned counsel for the petitioner that the petitioner shall not seek unnecessary adjournments before the said Committee.

3 p-19.wpst-15322.2016.sxw not take further steps in the matter. Petition stands disposed of. (MAKARAND KARNIK, J.) (SHANTANU KEMKAR, J.)