Bombay High CourtWP/11811/2017disposed offdismissed for default

Syed Yousuf Syed Akhtar Mohmed v. The State Of Maharashtra And Others

2017-09-27Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Mangesh S. Patil2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 11811 OF 2017 SYED YOUSUF SYED AKHTAR MOHMED

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Rasal Asha Sanjay AGP for Respondents: Mr.P.S.Patil .....

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

DATE : 27/09/2017 PER COURT :- Mrs.Rasal, learned counsel for the petitioner states that the proposal of the petitioner for validation of the caste certificate is returned back by the Committee, on the ground that petitioner is defeated candidate.

2] We have heard learned AGP for respondents.

3] When the proposal has been referred to the Committee, the Committee is bound to decide the said proposal and ought not to have returned only on the ground that elections are over and the petitioner is defeated candidate.

4] The impugned order is quashed and set aside. The Committee shall decide the validation proceeding in respect of the caste claim of the petitioner, on its own merits, in accordance with law expeditiously preferably within eight months. The petitioner shall

-2cooperate in expeditious disposal of the proceeding. The petitioner shall appear before the Committee on 1st November 2017. Writ Petition is disposed of. No costs.

(MANGESH S. PATIL,J.) (S.V.GANGAPURWALA,J.) umg/