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Bombay High CourtWP/3146/2020disposed offdismissed for default

Samir Bhaskar Pawar v. The State Of Maharashtra And Others

2020-02-24Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 19 WRIT PETITION NO.3145 OF 2020 GANESH JAGNNATH KATKHADE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS WITH 20 WRIT PETITION NO.3146 OF 2020 SAMIR BHASKAR PAWAR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS AND 22 WRIT PETITION NO.3148 OF 2020 PAMABAI VIKRAM MURGUND

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Shri Aghav Avinash D. AGPs for Respondents 1 to 3 : S/shri Shinde A.S., Bhagat N.T. and Munde S.W.

Advocate for Respondent 4 : Shri Kedar S.R.

...

CORAM : RAVINDRA V. GHUGE, J.

Dated: February 24, 2020 ...

PER COURT :- 1.

I have heard the learned Advocates for the respective sides and the learned AGP. These three petitioners have been disqualified under Section 10(1A) of the Maharashtra Village Panchayat Act on the ground that they did not tender their caste validity certificates within one year from the date of their election to the membership of akl/d

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 2- WRIT PETITION NO.3145 OF 2020 & ANR the village panchayat. There is no dispute that the said positions were reserved for the backward categories.

2.

I have perused the record placed before the Court and I find that these petitioners were elected in December 2017 and considering the Maharashtra Ordinance II, dated 14.2.2019, they were mandated to submit their validity certificates on/or before 14.5.2019. All of them have tendered their certificates on 14.2.2019 (two petitioners) and on 1.3.2019. Reliance is placed upon the judgment delivered by this Court dated 5.11.2019, in Writ Petition No.13369 of 2019 (Aurangabad) in the matter of Surekhabai Manoj Jaiswal Vs. State of Maharashtra.

3.

Considering the above, the State Ordinance protects these petitioners and hence, these petitions are allowed. The impugned order dated 28.1.2020 cancelling their membership, stands quashed and set aside and the petitioners stand reinstated to their membership.

( RAVINDRA V. GHUGE, J. ) ...

akl/d