Sunanda Gahinaji Bhagwat @ Chandrabhaga Bala Shete v. The State Of Maharashtra And Others
IN THE HIGH COURT OF JUDICATURE
AT BOMBAY BENCH AT AURANGABAD.
WRIT PETITION NO.5402 OF 2017 Sunanda Gahinaji Bhagwat @ Chandrabhaga d/o Bala Shete ... Petitioner.
Versus
The State of Maharashtra and others.
... Respondents.
...
WITH WRIT PETITION NO.6164 OF 2017 Dnayndeo S/o Sampat Supekar ... Petitioner.
Versus
The State of Maharashtra and others.
... Respondents.
...
WITH WRIT PETITION NO.6228 OF 2017 Sangita Kailas Walve @ Sangita Pandharinath Kanwade ... Petitioner.
Versus
The State of Maharashtra and others.
... Respondents.
...
Mr.S.K.Shinde, advocate for the petitioners.
Mr.A.S.Shinde, A.G.P. for the State.
...
CORAM : S.V.GANGAPURWALA AND A.M. DHAVALE,JJ.
Date : 23.04.2018.
PER COURT :
1.
The learned counsel for petitioners submits that, in all these matters petitioners have been issued with validity certificates, but after the period of six months. However, the authority on the ground that validity certificates are not submitted within six months has disqualified them. The learned counsel submits that, the Apex Court in SLP No. 29874 and 29875 of 2016 has stayed the judgment of the Full Bench of this Court in a case of Anant H. Ulahalkar Vs. Chief Election Commissioner reported in 2017(1) Mh. L. J. 431.
2.
We have also heard the learned Assistant Government Pleader for Respondents. 3.
In view of the fact that, the judgment of the Full Bench of this Court in a case of Anant H. Ulahalkar Vs. Chief Election
Commissioner (supra) holding the stipulation of submission of validity certificate within six months to be mandatory is stayed by the Apex Court in S.L.P. No. 29874 and 29875 of 2016, the impugned orders are quashed and set aside.
4.
In case, the Apex Court upholds the judgment of the Full Bench of this Court in a case of Anant H. Ulahalkar Vs. Chief Election Commissioner (supra), then the authority is at liberty to initiate fresh action against the petitioners. The writ petitions are disposed of. No costs.
(A.M.DHAVALE,J.) (S.V.GANGAPURWALA,J.) asp/office/wp5402.17