Sahebkhan Gauashkhan Pathan v. The State Of Maharashtra And Others

1 wp 9705.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 9705 OF 2019 SAHEBKHAN GAUASHKHAN PATHAN

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner:Mr. Thombre Chandrakant V. AGP for Respondents : Mrs. Sumedha Jagtap Thombre h/f. Mr. C. V. Thombre Advocate for Respondents / State :

Mr. K. B. Jadhavar ...

CORAM: S. V. GANGAPURWALA & MANGESH S. PATIL, J.

DATE:

th AUGUST, 2019 PER COURT:

1.

The learned counsel for the petitioner submits that the validation proceeding is pending since 08.02.2019. The scrutiny committee is not deciding on the ground that elections are over and the petitioner is defeated candidate.

2.

The learned A.G.P. accepts notice for all the respondents.

3.

Even if the elections are over and though the

2 wp 9705.19 candidate is defeated, the scrutiny committee has to decide the validation proceeding in respect of the caste claim of the persons whose proposal is received by the scrutiny committee.

4.

The scrutiny committee shall decide the proposal seeking validity of the caste certificate of the petitioner on its own merits, in accordance with law, expeditiously and preferably within a period of six (06) months from the date of appearance of the petitioner. The petitioner shall appear before the scrutiny committee on 20.08.2019.

5.

Writ Petition is accordingly disposed of. No costs.

[MANGESH S. PATIL, J.] [S. V. GANGAPURWALA, J.] marathe