Sambhaji Madhavrao Gadmad v. The State Of Maharashtra Through Its Secretary And Others

2024:BHC-AUG:21956 ( 1 ) 13 wp 6555.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 13 WRIT PETITION NO. 6555 OF 2024 SAMBHAJI MADHAVRAO GADMAD

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS .....

Advocate for the Petitioner : Mr. Gaikwad Anil M. AGP for the Respondents/State : Mrs. K.R. Jamdade .....

CORAM :

Y.G. KHOBRAGADE, J.

DATE :

18.09.2024 P.C.:- 1.

The learned counsel appearing for the Petitioner submits that on 18.05.20234 the Respondent No.2-Collector passed an order and disqualified the Petitioner for the post of Member of the Gram Panchayat because the Petitioner failed to tender caste validity certificate within a period of one year from the date of declaration of election. However, on 14.08.2023 the State Government passed Act No.XXXV of 2023 and extended 12 months period for submission of caste validity certificate from the date of commencement of the Act. The said Act came into force w.e.f. 10.07.2023. 2.

Since the Petitioner got elected as a Gram Panchayat Member from the S.T. category but he has failed to tender the caste validity certificate within a period of one year, however, vide the impugned order dated

( 2 ) 13 wp 6555.24 18.05.2023 the Respondent No.2 disqualified the Petitioner, however, under the Act No. XXXV of 2023 a period of 12 months is extended for submitting the caste validity certificate. Therefore, in pursuance of the Act No. XXXV of 2023 nothing remains in the present petition and the Petitioner will be at liberty to tender the caste validity certificate within a period of 12 months. 3.

Accordingly, the Petition is disposed of.

[Y.G. KHOBRAGADE, J.] mub