← Library
Bombay High CourtWP/7226/2023disposed off

Radhabai Madhavrao Nirdode v. The State Of Maharashtra Through Its Secreary And Others

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

- 1 -

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 73 WRIT PETITION NO.7226 OF 2023 RADHABAI MADHAVRAO NIRDODE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECREARY AND OTHERS Mr.V.C.Patil h/f Mr.V.D.Patnurkar, Advocate for the Petitioner. Mr.V.M.Kagne, AGP for the Respondent/State.

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

1.

The Petitioner Radhabai contested the elections for Gram Panchayat Bolsa (Kh.), Tq.Umari, Dist.Nanded and was elected as a Member in January 2023. She had contested on the claim that she belongs to the Kumbhar OBC category. Her caste claim is still pending adjudication. The cut off date for tendering a validity certificate to avoid disqualification is 17.01.2023.

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 khs/July 2023/7226

- 2 - of the validity certificate within the time frame as is settled in the judgment of the Hon'

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 in 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 2023/7226