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Bombay High CourtWP/4609/2025disposed off

Gajendra Pandurang Pandit v. The State Of Maharashtra Through Collector And Others

2025-08-04Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

2025:BHC-AUG:21801 wp 4609.25 corrected.odt This order is corrected vide speaking to the minutes order dated 8.8.2025.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.4609 OF 2025 Gajendra Pandurang Pandit

VERSUS

The State Of Maharashtra Through Collector And Others. ...

Advocate for Petitioner : Mr. K.B. Jadhav AGP for Respondents: Mr. D R Korade CORAM : S. G. CHAPALGAONKAR, J.

Dated : August 04, 2025 PER COURT :- 1.

Heard learned advocate appearing for the respective parties.

2.

The petitioner was elected as 'Member' of Village Panchayat, Bodwad in the year 2021. Lateron, he was selected as a Sarpanch. Since he had submitted his nomination form from 'OBC' category and his certificate for verification of caste validity was pending before the Committee, he had submitted an undertaking that he will file the same within one year. On 29.4.2021, the Committee issued validity certificate in favour of the petitioner. On 13.6.2023 petitioner submitted validity certificate to the Tahsildar, Sillod and obtained his

wp 4609.25 corrected.odt acknowledgment. However, on 22.1.2025, respondent no.1 Collector called a report from the Tahsildar, who relying upon report from Block Development Officer forwarded communication that petitioner has failed to file caste validity certificate. Eventually, vide impugned order dated 4.3.2025, petitioner has been disqualified in terms of section 10-1A and 30-1A of the Maharashtra Village Panchayats Act, 1958. 3.

Learned A.G.P. has placed on record reports made by B.D.O to the Tahsildar and Tahsildar to Collector and informs that due to miscommunication between B.D.O. and Tahsildar, learned Collector passed the impugned order presuming that petitioner failed to furnish caste validity certificate, although, such certificate was submitted by the petitioner. 4.

In view of the aforesaid reports and submissions, the impugned order deserves to be quashed and set aside. 5.

In that view of the matter, writ petition stands allowed in terms of prayer clause "B" and disposed of.

( S. G. CHAPALGAONKAR ) Judge ...

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