Gita Ashok Giramkar v. The State Of Maharashtra And Others
*1*
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO.6598 OF 2017 Rangnath Keraba Thorat And Others WRIT PETITION NO.735 OF 2017 Manisha Bhausaheb Lokhande WRIT PETITION NO.2363 OF 2017 Jizabai Bhausaheb Harde And Another WRIT PETITION NO.2488 OF 2017 Akila Begum Shabbir Kureshi And Another WRIT PETITION NO.3012 OF 2017 Kuntal Rajendra Palawe
*2* WRIT PETITION NO.3950 OF 2017 Meenabai Shahaji Anbhule And Others WRIT PETITION NO.4008 OF 2017 Gita Ashok Giramkar WRIT PETITION NO.4013 OF 2017 Sangita Babasaheb Netke And Another WRIT PETITION NO.4028 OF 2017 Vikeel Rajendra Kate And Another WRIT PETITION NO.4593 OF 2017 Ajinath Dada Dhavle And Others WRIT PETITION NO.4595 OF 2017
*3* Laxmibai Chandrakant Mohite WRIT PETITION NO.4597 OF 2017 Bandu Parbhati Dhole And Others WRIT PETITION NO.6466 OF 2017 Pushpa Nanasaheb Gaikwad And Others WRIT PETITION NO.6594 OF 2017 Mandabai Kashinath Adhav And Another WRIT PETITION NO.6599 OF 2017 Ashwini Dnyaneshwar Parkhe And Others WRIT PETITION NO.6600 OF 2017 Tulsabai Dattatraya Jagtap And Another
*4* WRIT PETITION NO.10603 OF 2017 Alka Bhausaheb Khatke WRIT PETITION NO.10604 OF 2017 Bhima Shrirang Phajge WRIT PETITION NO.10605 OF 2017 Mangal Bhagwan Parhar WRIT PETITION NO.12609 OF 2017 Shital Sudam Shete ...
Mr.Shaikh Mazhar A. Jahagirdar, Advocate for the Petitioners. Shri S.R.Yadav, AGP for the Respondents/ State. Shri S.T.Shelke, Advocate for the State Election Commission. ...
CORAM: RAVINDRA V. GHUGE, J.
DATE :- 02nd August, 2018
*5* Per Court:
Not on the Board. Mentioned. Taken on the Production Board. I have heard the learned Advocates for the respective parties. In these petitions, the issue is as regards Section 10-1A of the Maharashtra Village Panchayats Act, whereby, a candidate elected to a post reserved for any backward class, has to submit his caste/tribe validity certificate within 6 months from the date of election. The learned Full Bench of this Court has held in Anant H. Ulahalkar Vs. Chief Election Commissioner [2017(1) Mh.L.J.
431], that the 6 months' period under Section 9A of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 is mandatory and any candidate not submitting his validity certificate within 6 months, would incur disqualification automatically after the period of 6 months, from the date of the declaration of his election, is over. The Hon'ble Apex Court is said to be seized of a group of Special Leave Petitions involving the same issue in view of the learned Full Bench judgment in Anant H.Ulahalkar (supra) and has stayed the judgment. Protection has been granted to such disqualified candidates for having failed to submit their validity certificates within 6 months.
*6* Panchayats. Their applications to the Scrutiny Committee for validation of their caste/ tribe certificates were submitted and the said claims were pending at the time of filing their nomination papers. It is also undisputed that in some cases, the claims are still pending and in some cases, the validity certificates have been granted and have now been submitted by the respective Petitioners, though after the period of six months. The respective District Collectors, however, have disqualified the petitioners by the impugned orders. A categoric statement has been made by each of these Petitioners across the Bar that none of them have suffered a rejection of their validity claims. Based on such statements, this order is passed.
The learned Advocates for the respective petitioners have cited two orders passed by the learned Division Bench of this Court on 23.04.2018 in Writ Petition No.5402/2017 and connected matters and on 20.06.2018 in Writ Petition No.6133/2018 by which, it is concluded that, pursuant to the decision of the Hon'ble Apex Court, the Authorities can resort to a fresh action against the petitioners. The said petitions are disposed of.
It requires no debate that if the view taken in Anant Ulahalkar case (supra) is sustained by the Hon'ble Apex Court, the disqualification of the petitioners herein by the impugned orders shall stand automatically sustained. If the Hon'ble Apex Court takes a different view and by virtue of the said view, only if the petitioners are protected,
*7* then the impugned orders of disqualification would automatically stand set aside and no further action would be required to be initiated against these petitioners.
With the above observations, all these Writ Petitions are disposed of. The protection granted by the Hon'ble Apex Court in the group of cases before it, would protect the petitioners herein until the decision of the Hon'ble Apex Court in the pending cases and subject to the observations set out in the foregoing paragraphs. kps (RAVINDRA V. GHUGE, J.)