Vyankatrao Raosaheb Shejule And Another v. The Collector Nanded And Others

1 wp 614.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 614 OF 2017 Vyankatrao Raosaheb Shejule and another ..Petitioners

Versus

The Collector, Nanded and others .. Respondents Mr. Umakant B. Desmukh, Advocate for the Petitioners.

Mr. A. V. Deshmukh, A.G.P. for Respondent No. 1. Mr. M. D. Narwadkar, Advocate for Respondent Nos. 2 and 3.

Mr. Ashok R. Tapse, Advocate for Respondent No. 4.

CORAM:

S. V. GANGAPURWALA, J.

DATE:

th August, 2018 PER COURT :

1.

It is submitted that subsequently the validity certificates have been issued to respondent nos. 2 and 3.

2.

Mr. Deshmukh, the learned counsel submits that the full Bench of this Court in a case of Anant H. Ulahalkar and another Vs. Chief Election Commissioner and others dated December 9, 2016 has held that submission of validity within six months as per Section 10 (1)(A) of the Maharashtra Village Panchayat Act, 1959 is mandatory and failure to do so would result in

2 wp 614.17 disqualification, still the same was not considered by the Collector.

3.

The learned counsel for the respondent submits the judgment of full Bench of this Court in a case of Anant H. Ulahalkar and another Vs. Chief Election Commissioner and others (supra) has been stayed by the Apex Court.

4.

In view of the stay granted by the Apex Court to the judgment of the full Bench of this Court, at present no relief can be granted to the petitioners.

5.

In case the Apex Court upholds the judgment of the full Bench of this Court in case of Anant H. Ulahalkar and another Vs. Chief Election Commissioner and others (supra), then the petitioners would have a fresh cause of action to proceed.

6.

In view of that, writ petition stands disposed of. No costs.

[S. V. GANGAPURWALA, J.] marathe