Deepak Sudhakar Hazare v. District Collector, Satara And ORS

ppn 1 503.wpst-19941.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (ST.) NO.19941 OF 2018 Deepak Sudharkar Hazare .. Petitioner Vs.

District Collector, Satara & Ors.

.. Respondents --- Mr.Sandeep Phatak for the petitioner.

Mr.S.H. Kankal, AGP for the respondent no.1.

Mr.Irfan A. Shaikh I/by Mr.Sachindra B.Shetye for the respondent no.4. --- CORAM : R.D. DHANUKA, J.

DATE : 13th July 2018 P.C.:

.

Papers are allowed to be produced at 3.00 p.m. 2.

The petitioner seeks to challenge the order dated 13th July 2018 passed by the respondent no.2 below the stay application. 3.

Reliance is placed on the amendment to Section 16 (1C) (A) of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Township Act, 1965 in support of the submission that the claim of the petitioner for caste certificate is rejected by the authority on the ground of the same having been based on a false claim or declaration made by such person claiming to be belonging to the reserved category. 4.

Learned counsel appearing for the respondent no.4, on the other hand, invited my attention to the order dated 19th September 2017 June 2017 passed by the Division Bench of this Court in Writ Petition No.5948 of 2017 and the subsequent orders. On 19th September 2017, this Court has made an observation against the petitioner to the effect

ppn 2 503.wpst-19941.18.doc that the petitioner has obtained ad-interim order from this Court by suppressing the earlier ad-interim order passed by this Court. This Court has also recorded various reasons while dismissing the petition. The review petition is dismissed by the Division bench of this Court on 17th November 2017. On 8th December 2017, the Hon'ble Supreme Court has dismissed the Special Leave to Appeal (C) Nos.32947-32948 of 2017. Election programme is now announced. Election is proposed to be held on 15th July 2018.

5.

In my view, the petition is thoroughly misconceived. The petitioner cannot directly or indirectly seek review of the order passed by the Hon'ble Supreme Court and the order passed by the Division bench initially dismissing the writ petition and thereafter dismissing the review petition. Writ petition is dismissed with costs quantified at Rs.50,000/- which shall be paid by the petitioner to the election commission within one week from today.

R.D. DHANUKA, J.