Gavalanbai Balaji Kukalwad v. The State Of Maharashtra And Others

1 W.P.No.11005/17

IN THE HIGH COURT OF JUDICATURE

AT BOMBAY BENCH AT AURANGABAD.

WRIT PETITION NO.11005 OF 2017 Gavalanbai W/o Balaji Kukalwad.

... Petitioner.

Versus

The State of Maharashtra and others.

... Respondents.

...

Mr.P.B.Patil, advocate for the petitioner.

Ms.R.P.Gour, A.G.P. for the State.

...

CORAM : S.V.GANGAPURWALA AND MANGESH S. PATIL,JJ.

Date : 11.09.2017.

PER COURT :

1.

Mr.Patil, learned counsel for the petitioner states that the petitioner is a member of the Grampanchayat Sanguchiwadi and thereafter is elected as Sarpanch. The petitioner's caste claim is referred to the Scrutiny Committee. The same is not yet decided. However, the Collector has issued notice to the petitioner to submit the validity or else action would be taken. The

2 W.P.No.11005/17 learned counsel submits that the Supreme Court has stayed the judgment of the Full Bench of this Court, wherein this Court has held that if the validity is not produced within six (6) months, the candidate shall stand disqualified. In view of the stay granted by the Apex Court, the Collector can not proceed.

2.

We have heard learned A.G.P.

3.

The proceedings are pending with the Collector. The petitioner can bring it to the notice of the Collector the factum of the stay being granted by the Supreme Court to the judgment of the Full Bench of this Court. Naturally, the Collector is bound by the order passed by the Supreme Court.

4.

The Committee shall decide the validation proceedings in respect of the caste claim of the petitioner expeditiously, preferably within six (6) months. The petitioner shall cooperate in expeditious disposal of the proceedings.

3 W.P.No.11005/17 5.

The Writ Petition is disposed of. No costs.

(MANGESH S. PATIL,J.) (S.V.GANGAPURWALA,J.) asp/office/wp11005.17

4 W.P.No.11005/17