Sumanbai Nago Bhil v. The State Of Maharashtra Through Its Principal Secretary And Others

2024:BHC-AUG:3086-DB 936-WP-1553-2024.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1553 OF 2024 SUMANBAI NAGO BHIL

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS ....

Mr. S. P. Tiwari, Advocate for Petitioner Mr. R. S. Wani, AGP for Respondent - State ....

CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE : 08.02.2024 PER COURT :- 1.

The Petitioner claims to be belonging to the "Bhil", Scheduled Tribe category. She submitted his online application to the competent committee for seeking validation on 30.11.2022. She was elected as the Member of the Grampanchayat Waghadi, Taluka Shirpur District Dhule, on 20.12.2022. Apparently, this indicates that on the date the Petitioner entered her nomination form, no claim for validity was pending before the competent committee.

(( 2 )) 936-WP-1553-2024 2.

The learned AGP submits that the Hon'ble Supreme Court has delivered a judgment on 07.02.2024 in Civil Appeal No.1776 of 2024 (Sudhir Vikas Kalel and Others Vs. Bapu Rajaram Kalel), concluding that the disqualification of an elected representative relates back to the date of election.

3.

Since there is no cause of action before us as the Petitioner's claim is already rejected as a physical application was not filed, this Writ Petition is disposed off.

4.

The Petitioner would be at liberty to resort to an appropriate remedy as is permissible in law.

[ Y. G. KHOBRAGADE, J. ] [ RAVINDRA V. GHUGE, J. ] SMS