Seema Ankush Totewad Alias Seema Suryakant Rautwad v. The Deputy Commissioner And Others

1 945-wp 1276-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1276 OF 2022 Smt. Seema Ankush Totewad @ Seema Suryakant Rautwad .. Petitioner

Versus

The Deputy Commissioner, Maharashtra State Election Commission, and others .. Respondents Mr. Anil P. Piratwad, Advocate for the Petitioner. Mr. S. P. Tiwari, AGP for Respondents-State.

CORAM : S. V. GANGAPURWALA & S. G. DIGE, JJ.

DATED : 25th JANUARY, 2022.

PER COURT:- .

The learned counsel for the petitioner submits that the petitioner is elected as a member of the Village Panchayat from reserved category. The validation proceedings is pending. The same is not yet decided. The petitioner is required to submit the validity certificate within a period of one year.

2.

One year it appears has lapsed on 17.01.2022 itself. This Court cannot stall the disqualification on the ground that validity certificate is not submitted within a period of one year in view of the judgment of

2 945-wp 1276-2022.odt the Full Bench of this Court in a case of Anant H. Ulahalkar and another Vs. Chief Election Commissioner and others reported in 2017 (1) Mh.L.J. 431.

3.

The committee may endeavour to decide the validation proceeding expeditiously and preferably within a period of three (03) months from the date of appearance of the petitioner. The petitioner shall appear before the committee on 17.02.2022. 4.

Writ petition is disposed of. No costs.

( S. G. DIGE ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.