Shobha Dattu Chaudhari v. The Collector Jalgaon

wp10504.15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO. 10504 OF 2015 Smt. Shobha Dattu Chaudhari .. PETITIONER

VERSUS

The Collector, Jalgaon District, Jalgaon.

.. RESPONDENTS Mr. G.V. Wani, advocate for petitioner.

Mr. B.V. Virdhe, AGP for the State.

===== CORAM : R.M. BORDE, J.

DATE : 19th JANUARY, 2016.

PER COURT :

1.

Petitioner, who was elected as a member of Village Panchayat, has been disqualified to continue as a member in view of provisions of section 14(1)(j-5) of the Maharashtra Village Panchayat Act, 1958, on account of his failure to submit certificate of the concerned panchayat alongwith resolution of the Gram Sabha certifying that he resides in a house owned by him and has a toilet in such house and he regularly uses such toilet or he resides in a house not owned by him and has a toilet in such house and he regularly uses it or he has no such toilet but regularly uses the public toilet. 2.

In the instant matter, petitioner is declared as elected in March 2013 whereas certificate presented by him bears the date 5th February, 2014. Petitioner failed to present the certificate within the period stipulated under section 14(1)(j-5) of the Act and as such, the authority below was justified in declaring petitioner disqualified to continue as member of the Village

wp10504.15.doc Panchayat. No interference is called for in the impugned order. Writ petition stands rejected.

( R. M. BORDE ) JUDGE dyb