Durga Pralhad Jatewad v. The Ld Collector Nanded And Others

wp7238.23 (call papers)

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7238 OF 2023 Durga Pralhad Jetewad, Age: 38, Occ: Member of Village Panchyat Barbada, R/o: Barbada, Tq. Naigaon (Kh) District : Nanded.

...Petitioner

VERSUS

1. The learned Collector, Nanded.

2. The Tahsildar, Naigaon (Kh.), Tq. Naigaon (Kh.),Dist. Nanded.

3. The Chief Election Commissioner, Maharashtra State Election Commissioner, New Administrative Building, In front of Mantralaya, Madam Kama Road, Hutatma Rajguru Chowk, Mumbai -32.

4. Block Development Officer, Panchyat Samiti, Naigaon (Kh.), Nanded.

...Respondents

...

Advocates for the petitioner : Mr. U.B. Deshmukh, AGP for the respondents/State : Mr.K.B. Jadhavar Advocate for respondent No.3 : Mr.A.B. Kadethankar Advocate for added respondent No.4 : Mr. S.B. Pulkundwar, ...

CORAM : KISHORE C. SANT, J.

Date : 11.07.2023 PER COURT :- 1.

Today, the learned Advocate for the petitioner submits that this petition is in respect of disqualification of the Member/Sarpanch of the Grampanchyat for non submission of his caste validity certificate. He submits that now the Government has passed an ordinance dated 10.07.2023,

wp7238.23 (call papers) published in the Gazette dated 10.07.2023, extending time to submit the caste validity certificate by one year from the date of passing of said ordinance. By virtue of the ordinance, now the person who is declared to be disqualified as Member/Sarpanch or any other position for non submission of his caste validity certificate is also covered by this ordinance. All the cases pending before the Tribunal or Court have been terminated and now no disqualification shall take effect, on the ground of non submission of caste validity certificate, if it is filed within the period stipulated by the ordinance.

2.

This Court has gone through the said ordinance and finds that the post/position of such person who has failed to submit his caste validity certificate in time, has now been protected by this ordinance. This Court, therefore, finds that the purpose of the petition is served, therefore, the same can be disposed off in view of the ordinance and is disposed off. 3.

Needless to say that the effect of orders passed by the authorities declaring the petitioner disqualified, its effect is, therefore, negated by this ordinance.

( KISHORE C. SANT ) JUDGE mahajansb/