Anil Dhondiba Walkale And Another v. The Additional Divisional Commissioner And Ohters

937 WP 10008 21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 937 WRIT PETITION NO.10008 OF 2021 ANIL DHONDIBA WALKALE AND ANOTHER

VERSUS

THE ADDITIONAL DIVISIONAL COMMISSIONER AND OHTERS ...

Advocate for Petitioners : Mr. S.R. Bagal h/f Mr. Gadegaonkar Bharat N. AGP for Respondents/State : P. G. Borade.

CORAM

: MANGESH S. PATIL, J.

DATE : 08.09.2021.

PER COURT :

The petitioner is impugning the concurrent findings of the Collector recorded under Section 16 of the Bombay Village Panchayat Act and that of the learned Divisional Commissioner holding her to be disqualified for not being able to furnish the caste validity certificate within the statutory period as contemplated under Section 10-1A of the Maharashtra Village Panchayat Act.

2.

Suffice to observe that the period is mandatory as has been confirmed by the Supreme Court in the case of Anant H. Ulahalkar and another Vs. Chief Election Commissioner and others; 2017(1) Bombay Case Reporter, 230.

3.

Admittedly the petitioner has not been able to furnish the tribe certificate within the statutory period. No error or illegality is committed by the Authorities below in holding her to be disqualified. 4.

The Writ Petition is dismissed.

(MANGESH S. PATIL, J.) mkd/- 1/1