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Bombay High CourtCA/1346/2024disposed off

Sunita Ramdasreddi Pogale v. The State Of Maharashtra Thr Its Secretary And ORS

2024-02-02Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Y. G. Khobragade1 pages

2024:BHC-AUG:2515-DB 935CA1346-24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 935 CIVIL APPLICATION NO. 1346 OF 2024 IN WP/368/2024 SUNITA RAMDASREDDI POGALE

VERSUS

THE STATE OF MAHARASHTRA THR ITS SECRETARY AND ORS ...

Mr. Tekwad Shivanand Dattatray, Advocate for Applicant Mr. S. B. Narwade, AGP for the Respondents State

CORAM

: RAVINDRA V. GHUGE & Y. G. KHOBRAGADE, JJ.

DATE : 2nd February, 2024 ORDER:

1.

The Petitioner's claim of belonging to 'Yallam' Other Backward Caste has been invalidated by the impugned order dated 09.03.2022. This Petition challenging the same has been filed on 28.12.2023. Notices have been issued. Pleadings are still not complete. The Petitioner, who was a Member of the Grampanchayat, has already been disqualified and the post is vacant. By this Civil Application, the Petitioner prays that she may be allowed to cast a vote in the elections to be held on 22.01.2024(wrongly mentioned as 21.01.2022), which was subsequently posted to 02.02.2024.

2.

We do not find that this application can be entertained when the Writ Petition itself has been filed belatedly and the Petitioner has already vacated her post of Member of the Grampanchayat on 09.03.2023. As such, this Civil Application is rejected. ( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J. ) JPChavan