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Bombay High CourtWP/3129/2017disposed offdismissed for default

Mankarna Vithal Shelke v. The State Of Maharashtra And Others

2020-02-28Hon'Ble Shri Justice Z.A. Haq,Hon'Ble Shri Justice S. M. Gavhane2 pages

913-WP-3129-2017.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 913 WRIT PETITION NO.3129 OF 2017 Mankarna Vithal Shelke

...Petitioner

Versus

The State of Maharashtra & Others

...Respondents

...

Mr. A.S. Gandhi, Advocate for the Petitioner. Mr. S.R. Yadav-Lonekar, AGP for Respondent/State. Mr. S.T. Shelke, Advocate for Respondent No.5. Mr. V.M. Maney, Advocate for Respondent No.7. ...

CORAM : Z.A. HAQ & S.M. GAVHANE, JJ.

DATED : 28TH FEBRUARY, 2020.

PER COURT:- .

The petitioner has challenged the order disqualifying her from continuing as Member of Gram Panchayat, as she failed to submit the caste validity certifcate within time stipulated by Section 10-1A of the Maharashtra Village Panchayats Act. This petition is pending since March 2017. By order dated 08.03.2017, this Court granted interim order in favour of the petitioner. 2.

The learned advocate for the petitioner stated that after securing interim order, petitioner has not contacted him and he is not in a position to point out

913-WP-3129-2017.odt (2) whether subsequently the petitioner has received the caste validity certifcate and has submitted it as per the extended time granted by the ordinances issued from time to time under the Maharashtra Village Panchayats Act. 3.

It appears that the petitioner is either taking undue advantage of the interim order or she is not interested in prosecuting the petition. Hence, the petition is dismissed. In the circumstances, the parties to bear their own costs.

4.

The learned AGP shall communicate this order to respondent no.2 - Divisional Commissioner and respondent no.3 - Collector, Parbhani immediately and fle note of compliance on record of this petition within two weeks. (S.M. GAVHANE, J.) (Z.A. HAQ, J.) Mujaheed//