Ashlesh Chandrakant Dange v. State Of Maharashtra , Through Its Secretary And ORS.

(931)-WP-9762-17.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9762 OF 2017 Ashlesh Chandrakant Dange ..Petitioner

Versus

State of Maharashtra and others ..Respondents Mr. C. K. Bhangoji i/by Mr. R. K. Mendadkar, Advocate for the Petitioner.

Ms. Nisha Mehra, AGP for Respondent Nos.1 to 3. CORAM : B. R. GAVAI & SMT. BHARATI H. DANGRE, JJ.

DATE : 1st MARCH, 2018 P.C.

1] Rule. Rule made returnable forthwith. Heard by consent. 2] The Petitioner has approached this Court with a grievance that though the Petitioner's claim is pending before the Respondent No.2 - Committee for grant of validity certificate, in the event the same is not decided by the Respondent No.2 - Committee, the Petitioner may face coercive action from Respondent No.4.

3] It is not in the hands of the Petitioner, within how much period the Scrutiny Committee would decide the claim of the Petitioner. However, on account of the delay committed by the Scrutiny Committee, a candidate should not be made to suffer.

BGP.

(931)-WP-9762-17.doc.

4] In that view of the matter, Rule is made absolute in the following terms :- I) The Respondent No.2 - Committee is directed to decide the claim of the Petitioner as expeditiously as possible and in any case, within a period of six weeks from today. II) It is directed that Respondent No.4 not to take coercive action against the Petitioner on the ground of nonsubmission of validity certificate. III) In the event, the order passed by the Respondent No.2 - Committee is adverse to the interest of the Petitioner, the interim protection shall continue further for three weeks from the date of receipt of the order by the Petitioner. [SMT. BHARATI H. DANGRE, J.] [B. R. GAVAI, J.] BGP.