Chaya Mahesh Waghmare v. District Collector Raigad And ORS

2023:BHC-AS:29879 33-WP-7739-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7739 OF 2023 Chaya Mahesh Waghmare ...

Petitioner

Versus

District Collector, Raigad and others ...

Respondents .........

Mr. C.G. Gavnekar alongwith Mr. Prashant Raul for the Petitioner. Mr. C.D. Mali, AGP for the State-Respondent Nos.1 to 3. Mr. Vivek Salunke for Respondent No.4.

.........

CORAM : N.R. BORKAR, J.

DATED : 26 JUNE 2023 P.C. :- 1.

By the order impugned, the respondent No.1 - District Collector, Raigad has disqualified the petitioner who was elected as member of the Grampanchayat Chinchavali, Taluka - Roha, District - Raigad from the seat reserved for Scheduled Tribe, in terms of Section 101(A) of the Maharashtra Village Panchayat Act for not submitting the caste validity certificate within a period of year from the date of declaration of the result.

2.

Admittedly, the Petitioner was elected in the year 2018 and she submitted the caste validity certificate on 15 February 2022. 3.

The learned Counsel for the Petitioner has drawn my attention to the circular dated 10 May 2022 issued by the State Government. It is submitted that by the said circular, time to submit caste validity certificate was extended upto 17 January 2023. Kanchan P Dhuri 1 / 2

33-WP-7739-2023.odt 4.

I have perused the said circular. By the said circular, in view of covid-19 pandemic situation one more year grace period was granted to the members of the Grampanchayat, who were elected in the election conducted in January 2021. The benefit of said circular therefore cannot be extended to the petitioner who was elected in the year 2018. In view of the Judgment of the Full Bench of this Court in Anant H. Ulahalkar and anr. vs. Chief Election Commissioner1, I do not see any reason to interfere with the impugned order. The Writ Petition is dismissed. ( N.R. BORKAR, J. ) 2017(1) Mh.L.J. 431 Kanchan P Dhuri 2 / 2