Rajshri Bhimraj Bhalerao @ Rajshri Hiraman Waghmare v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.7964 OF 2017 (Rajshri w/o Bhimraj Bhalerao Vs. The State of Maharashtra and others) Mr.S.K.Shinde, Advocate for the petitioner.

Mr.B.A.Shinde, AGP for respondent/State.

( CORAM : Ravindra V.Ghuge, J.) DATE : 03/07/2018 PER COURT :

1.

I have heard the learned Advocates for the respective sides. 2.

Issue is as regards Section 10-1A of the Maharashtra Village Panchayats Act whereby a candidate elected to a post reserved for any backward class, has to submit his caste/tribe validity certificate within 6 months from the date of election. The learned Full Bench of this Court has held in Anant H. Ulahalkar Vs. Chief Election Commissioner [2017(1) Mh.L.J.431], that the 6 months' period under the Municipal Councils Act is mandatory and any candidate submitting his validity certificate after 6 months, would incur disqualification automatically after the period of 6 months from the date of declaration of his election is over.

3.

The Hon'ble Apex Court is said to be seized of a group of special leave petitions involving the same issue in view of the learned Full Bench judgment in Anant H.Ulahalkar (supra). Protection has been granted to such disqualified candidates for having failed to submit their validity certificates within 6 months. 4.

The petitioner is declared elected as a member of the Gram Panchayat on 04/08/2015. Her application to the Scrutiny Committee for validation of her caste certificate was submitted on 16/07/2015 and it was pending. On 18/07/2016, the petitioner acquired her caste validity certificate which was tendered to the Authorities on 27/07/2016. The District Collector, however, has disqualified the petitioner by order dated 23/12/2016. 5.

Learned Advocate for the petitioner has cited two orders passed by the learned Division Bench of this Court on 23/04/2018 in WP No.5402/2017 alongwith other matters and on 20/06/2018 in WP No.6133/2018 by which, it is concluded that, pursuant to the decision of the Hon'ble Apex Court, the Authorities can resort to a fresh action against the petitioner. The petitions are disposed of. 6.

It requires no debate that if the view taken in Anant Ulahalkar

case (supra) is sustained by the Hon'ble Apex Court, the disqualification of the petitioner by order dated 23/12/2016 shall stand automatically sustained. If the Hon'ble Apex Court takes a different view and by virtue of the said view, if the petitioner is protected, the impugned order of disqualification would automatically stands set aside and no further action would be required to be initiated against these petitioners.

7.

With the above observations, this petition is disposed of. The protection granted by the Hon'ble Apex Court in the bunch of cases before it, would protect the petitioner herein until the decision of the Hon'ble Apex Court in the pending cases and subject to the observations set out in the foregoing paragraphs. Learned Advocate for the petitioner submits that the deficit court fees would be submitted today.

( Ravindra V.Ghuge, J.)