Meena Shashikant Sonawane v. The State Of Maharashtra Through The Secretary And Others

1 952

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 952 WRIT PETITION NO.4842 OF 2023 .

Meena Shashikant Sonawane, Age: 36 years, Occu.: Household, R/o.: Vadnagari, Post Fufnagari, Tq. and Dist. Jalgaon .. Petitioner

Versus

1.

The State of Maharashtra, Through the Secretary, Rural Development, Mantralaya, Mumbai-32 2.

The District Collector, Jalgaon, Dist.: Jalgaon 3.

The Tahsildar, Jalgaon, Dist.: Jalgaon 4.

Gorakh Gulab Gaikwad, Age: 45 years, Occu.: Agri., R/o.: Vadnagari, Post.: Fufnagari, Tq. Bhusawal, Dist. Jalgaon .. Respondents ...

Advocate for Petitioner: Mr. Kadu Shivraj B AGP for Respondent/State: Mr. R. S. Wani ...

CORAM:ARUN R. PEDNEKER, J.

DATE :30th NOVEMBER, 2023 ORAL JUDGMENT:

1.

Heard.

2.

Rule. Rule is made returnable forthwith.

With consent of the parties, the matters is taken up for final hearing.

2 952 3.

The petitioner is an elected member of the village panchayat, who has been disqualified for not having submitted the caste validity certificate within stipulated period. However, by ordinance dated 10.07.2023, the Government has extended time to submit the caste validity certificate by 12 months from the date of the ordinance and the petitioner still has the period up till 09.07.2024 to submit his caste validity certificate.

4.

The learned counsel further submits that his caste validity certificate is not yet invalidated till date and the proceedings are pending.

5.

The learned counsel also relies upon the judgment of this court dated 17.07.2023 passed in Writ Petition No.6102 of 2023, wherein in identical fact situation this court has set aside the order passed by the authorities and restored the position of the petitioner thereon as a member of the village panchayat.

6.

In view of the same, the impugned orders are quashed and set aside. The petitioner is restored

3 952 back as a member of the village panchayat. The writ petition is allowed in terms of prayer clause "C". Rule is made absolute in above terms.

7.

The writ petition stands disposed of.

[ARUN R. PEDNEKER, J.] marathe