Mangla Pandit Bhil v. The State Of Maharashtra Through Its Secretary And Others

2025:BHC-AUG:24946

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 11470 OF 2024 Mangla Pandit Bhil

VERSUS

The State Of Maharashtra Through Its Secretary And Others *** • Mr. D. R. Kale, Advocate for the Petitioner • Mrs. M. L. Sangit, AGP for the Respondent Nos. 1 to 3/State • Ms. C. C. Kutti, Advocate for the Respondent No. 4 *** CORAM : R. M. JOSHI, J DATE : SEPTEMBER 15, 2025 PER COURT :

1.

By consent of both sides, heard finally at the stage of admission.

2.

This Petition takes exception to the order passed by Collector, Jalgaon under Section 10(1-A) of the Maharashtra Village Panchayat Act, 1959 whereby application of the Petitioner came to be set aside on the ground that she has not produced caste validity certificate within stipulated time.

3.

Admittedly, the results of the election concerned were declared on 18.12.2022. Within a period of 12 months therefrom, caste validity certificate was

required to be produced before the Election Authority. Thereafter, an ordinance was issued on 10.07.2023 extending the said period for production of caste validity certificate by 12 more months. Thus, in any case production of caste validity certificate before 09.07.2024 was sufficient compliance.

4.

Learned Counsel for the Petitioner has drawn attention of the Court to the communication dated 31.05.2024 addressed to the Office of Collector, Jalgaon so also Tahsildar, Jamner submitting caste validity certificate dated 30.04.2023.

5.

Learned AGP appearing on behalf of the State though opposes the Petition but was not able to show anything contrary.

6.

The documentary evidence on record clearly indicates that the caste validity certificate has been produced before expiry of enhanced period of 12 months by ordinance dated 10.07.2023.

7.

Perusal of the impugned order indicates that the Collector, Jalgaon has failed to take into consideration the said fact and rejected the

Application on the ground that the certificate was produced on 29.08.2024, which is an erroneous observation made by the Collector, contrary to the record. Thus, order impugned becomes unsustainable. 8.

In view of above discussion, Petition stands allowed. Impugned order dated 12.09.2024 passed by the Collector, Jalgaon in Grampanchayat Dispute No. 61/2024 stands set aside.

(R. M. JOSHI, J.)