Vandana Suresh Gawali Alias Vandana Baburao Bhotkar v. The State Of Maharashtra Through Secretary And Others

230.23ra (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 927 REVIEW APPLICATION (CIVIL) NO.230 OF 2023 IN WP/6593/2023 VANDANA SURESH GAWALI ALIAS VANDANA BABURAO BHOTKAR

VERSUS

THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS ....

Mr D. D. Choudhari, Advocate for Petitioner;

Mr V. M. Kagne, A.G.P. for Respondents/ State CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE : 22nd August, 2023 PER COURT:

1.

We have heard the learned Advocate for the Applicant. The State Government has issued an Ordinance No.VI of 2023, dated 10/07/2023, which is clearly to nullify the effect of the order passed by the Hon'ble Supreme Court, dated 23/08/2018 in Shankar Raghunath Devre (Patil) Vs. State of Maharashtra and others [Special Leave Petition (Civ.) No.29967/2016 and other connected matters] and the view of the Full Bench of this Court in Anant H. Ulahalkar Vs. Chief Election Commissioner [2017 (1) Mh.L.J. (Full Bench) 431].

230.23ra (2) 2.

Our order dated 19/06/2023, passed in Writ Petition No.6593/2023 is in tune with the law laid down by the Hon'ble Supreme Court and the Full Bench of this Court and keeping in view that the State of Maharashtra granted time to the elected representatives to submit their caste validity certificates till 17/01/2023. Apparently, the Petitioner did not have a validity as on the said date. Our order is in accordance with law, as it stood on 19/06/2023. If the State of Maharashtra has issued an Ordinance thereafter, that cannot be a ground for review. The Petitioner can approach the Collector/competent authority to point out the new ordinance.

3.

In view of the above, this review application is disposed off.

(Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.) sjk