Mallebhari Jahaara Begum Mohammad Hayat v. The State Of Maharashtra And Others

1 wp 11254.2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 11254 OF 2017 Mallebhari Jahaara Begum D/o Mohammad Hayat .. Petitioner

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The State of Maharashtra and others .. Respondents Shri Masood Chand Syed, Advocate for the Petitioner. Mrs. R. P. Gour , A. G. P. for the Respondent / State. WITH WRIT PETITION NO. 11255 OF 2017 Alisher Musamiya Qureshi .. Petitioner

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The State of Maharashtra and others .. Respondents Shri Masood Chand Syed, Advocate for the Petitioner. Mrs. R. P. Gour , A. G. P. for the Respondent / State. CORAM : S. V. GANGAPURWALA & MANGESH S. PATIL, JJ.

DATE : 14 th September, 2017

2 wp 11254.2017 PER COURT :

1.

Mr. Syed, learned counsel for the petitioners submits that petitioners are elected members of the Municipal Council. The validation proceedings in respect of their caste claims are pending. The petitioners have apprehension that the Collector would take adverse action on non submission of validity certificate within 6 months from the date of declaration of election result and 6 months are over.

2.

The learned counsel submits that the judgment of this court in a case of Shankar S/o Raghunath Devre (Patil) V/s. The State of Maharashtra and others (Writ petition No.5686 of 2016 decided on 2.9.2016) has been stayed by the Apex Court in SLP Nos.(C) 29874-29875/2016 under order dated 6.10.2016.

3.

The collector has not yet issued any notice to the petitioners. In view of that, the apprehension of the petitioners is misplaced. If the Collector take steps against the petitioners, then the petitioners can show the judgment of the Apex Court to the Collector.

4.

The writ petitions are accordingly disposed of. No costs. [MANGESH S. PATIL, J. ] [S. V. GANGAPURWALA, J. ] marathe/sep.17