Babu Kishan Kasbe v. The State Of Maharashtra Through Its Principal Secretary And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 905 WRIT PETITION NO.8720 OF 2023 Babu Kishan Kasbe.

Age: 50 years, Occ: Agril, R/o: Wasari, Post: Rohi-Pimpalgaon, Tq. Mudkhed, Dist. Nanded.

...Petitioner

Versus

1. The State Of Maharashtra, Through Its Principal Secretary, Rural Development Department, Mantralaya, Mumbai.

2. The Divisional Commissioner, Aurangabad, Near Delhi Gate, Commissonerate Office, Aurangabad.

3. The Collector, Nanded, Collectorate Office, Near Chhatrapati Shivaji Chowk, Nanded, Tq. & Dist. Nanded.

4. The Tahsildar, Mudkhed, Tq. Mudkhed, Dist. Nanded.

5. The Block Development Officer, Panchyat Samiti, Mudkhed, Tq. Mudkhed, Dist. Nanded.

6. The Grampanchyat, Wasari, Tq. Mudkhed, Dist. Nanded.

Through its Village Development Officer,

7. The State Election Commission of Maharashtra, Through its Commissioner.

...Respondents

...

Advocate for Petitioner : Mr.Ghatol Patil Shahaji B. AGP for Respondent Nos. 1 to 4/State : Mr.K.N.Lokhande Advocate for Respondent No. 5 : Mr. S.B. Pulkundwar Advocate for Respondent No. 7 : Mr.Ajit B.Kadethankar ...

CORAM : KISHORE C. SANT, J.

DATE : 21.07.2023.

PER COURT :

1.

In view of the facts of the case of respondent No. 6, no notice is required to it. Mr. K.N. Lokhande, appears for Respondent Nos. 1 to 4. Mr. S.B. Pulkundwar, the learned Advocate appear for respondent No. 5. Mr. Kadethankar, learned advocate appears for respondent No. 7. 2.

This case is covered by an ordinance dated 10.07.2023, wherein, the Government has extended time to submit the Caste Validity Certificate by one year, in the cases where the members are elected to the Grampanchyat for the seats reserved from the reserved category.

3.

The case of the petitioner is that the petitioner is working as a Member of Grampanhyat Wasari, Tq. Mudkhed, District Nanded elected from the reserved category, however, he could not submit the caste validity certificate, within a

stipulated period and therefore, was declared disqualified. 4.

In view of the same, the impugned order 18.05.2023, passed by the learned Collector, Nanded is set aside to the extent of this petitioner.

5.

The Writ Petition stands disposed off.

( KISHORE C. SANT ) JUDGE mahajansb/