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Bombay High CourtWP/7200/2023disposed off

Laxmibai Bhujanga Dhasade Alis Laxmibai Hari Kamble v. The State Of Maharashtra Through Its Principal Secretary And Others

2023-07-03Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Y. G. Khobragade2 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 63 WRIT PETITION NO.7200 OF 2023 LAXMIBAI BHUJANGA DHASADE ALIS LAXMIBAI HARI KAMBLE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS Mr.V.C.Patil h/f Mr.V.D.Patnurkar, Advocate for the Petitioner. Mr.S.W.Munde, AGP for the Respondent/State.

( CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.) DATE : JULY 3, 2023 PER COURT :

1.

The Petitioner Laxmibai was elected as a Member of the Gram Panchayat Rahati (Kh.), Tq.Umari, Dist.Nanded on 21.01.2021. The cut off date for avoiding disqualification on the ground of non submission of the validity certificate, was 17.01.2023. The Petitioner received the validity certificate on 25.05.2023. 2.

We have considered the strenuous submissions of the Learned Advocate for the Petitioner and the learned AGP. It is not disputed that the Law with regard to disqualification for non-furnishing of the validity certificate within the time frame, is settled in the khs/July 2023/7200

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ble Supreme Court in Shankar Raghunath Devre (Patil) Vs. State of Maharashtra and others [SLP (C) No.29967/2016 and other connected matters dated 23/08/2018] and the Bombay High Court judgment (Full Bench) in Anant H.Ulahalkar Vs. Chief Election Commissioner [2017(1) Mh.L.J.FB 431]. The disqualification of the Petitioner is, therefore, axiomatic.

3.

In view of the above, the learned Advocate for the Petitioner submits that at least the Committee may be directed to decide the claim of the Petitioner, as expeditiously as possible. 4.

The learned AGP submits that the Committee normally gives precedence to the cases of the students and those who are in employment and likely to be terminated. The Petitioner' s claim would be decided on or before 31.03.2024.

5.

In view of the above statement, this Petition is disposed off. ( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J.) khs/July 2023/7200