Aruna Rohidas Thorat v. The State Of Maharashtra And Others

1 W.P.No.14284/17

IN THE HIGH COURT OF JUDICATURE

AT BOMBAY BENCH AT AURANGABAD.

WRIT PETITION NO.14284 OF 2017 Aruna Rohidas Thorat ... Petitioner.

Versus

The State of Maharashtra and others.

... Respondents.

...

Mr.V.P.Patil, advocate for the petitioner Mr.C.S.Karlekar, A.G.P. for the State.

...

CORAM : S.V.GANGAPURWALA AND V.L.ACHLIYA,JJ.

Date : 21.12.2017.

PER COURT :

1.

The petitioner is the Member of Grampanchayat. The Collector disqualified the petitioner on the ground that petitioner has failed to submit the validity certificate within the period of six (6) months as required U/s 101A of the Maharashtra Village Panchayats Act. Learned counsel submits that the petitioner has been issued with the validity certificate on

2 W.P.No.14284/17 20.2.2016, however, the same was after six (6) months.

2.

We have heard learned A.G.P.

3.

The judgment of the Full Bench of this Court in the case of "Anant H.Ulahalkar and another Vs. Chief Election Commissioner and others" reported in 2017 (1) Mh.L.J.431, has been stayed by the Apex Court in SLP Nos.29874/2016 and 29875/2016.

4.

The petitioner has already been given the validity certificate. In view of that, the impugned order is quashed and set aside. The Respondent is entitled to take further course of action in case the Apex Court upheld the judgment of the Bombay High Court.

5.

The Writ Petition is accordingly allowed. No costs.

(V.L.ACHLIYA,J.) (S.V.GANGAPURWALA,J.) asp/office/wp14284.17

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