Santosh Uttam Koli v. The District Collector, Jalgaon And Others

2025:BHC-AUG:18958 27-wp-8806-2025.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8806 OF 2025 Santosh Uttam Koli

VERSUS

The District Collector, Jalgaon And Others ...

Advocate for the Petitioner : Mr. Thorat Mohanish V AGP for Respondent/State : Mr. P.D. Patil ...

CORAM : S. G. CHAPALGAONKAR, J.

DATED : JULY 21, 2025 PER COURT :- 1.

The petitioner impugns order of disqualification passed by District Collector, Jalgaon under Section 10 (1-A) of Maharashtra Village Panchayat Act, 1959. The petitioner has been elected as member of Village Panchayat, Taluka Chopda, District Jalgaon on 18.01.2021 from Ward No.1 on a seat reserved for Scheduled Tribe. At the time of filling nomination form, petitioner had tendered proof as to pendency of his claim of caste validity. However, till this date that is not decided. Under impugned order, the learned District Collector declared petitioner to be disqualified for want of submission of caste validity certificate.

2.

Learned advocate appearing for petitioner relying upon Maharashtra Ordinance No. III of 2025 dated 30.04.2025 submits that in facts of case, the benefit of extension of period for submitting

27-wp-8806-2025.odt (2) validity certificate ought to have been granted to petitioner. As such, he impugns the order of disqualification.

3.

Perusal of clause 3(1) would show that Maharashtra Ordinance No. III of 2025 protects the elected representatives of local self-government, who are elected after 01.08.2022 from disqualification contemplated under Section 10(1-c). In present case, admittedly, petitioner has been elected on 18.01.2021 that is much before the cut-off date mentioned in ordinance. Apparently, petitioner cannot claim protection of ordinance.

4.

In result, there is no merit in writ petition. Writ Petition stands rejected.

(S.G. CHAPALGAONKAR, J.) Mujaheed//