Sambhaji Tukaram Pawar v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO.12523 OF 2016 CIVIL APPLICATION NO.16281 OF 2016 Sambhaji Tukaram Pawar Mr.N.V. Gaware, Advocate for petitioner Mrs.A.V.Gondhalekar, AGP for respondents No. 1 to 5 WRIT PETITION NO.4974 OF 2017 Smt.Mandakini Bhimraj Patekar @ Mandakini Murlidhar Shidore Mr.R.S.Kasar, Advocate for Petitioner WRIT PETITION NO.5190 OF 2017 Anil Nivrutti Wakchaure

Mr.R.R. Karpe, Advocate for Petitioner Mrs.A.V.Gondhalekar, AGP for respondents No. 1 to 3 and 5 Mr.S.T.Shelke, Advocate for respondent No.6 WRIT PETITION NO.5204 OF 2017 Sonalkumar Balasaheb Torane Mr.R.R. Karpe, Advocate for Petitioner Mrs.A.V.Gondhalekar, AGP for respondents No. 1 to 3 and 5 Mr.S.T.Shelke, Advocate for respondent No.6 WRIT PETITION NO. 5395 OF 2017 Chhayha Parasram Pawar and anr.

..Petitioners Mr.A.S.More, Advocate for Petitioners WRIT PETITION NO. 5396 OF 2017 Sukhdeo Muralidhar Shinde Mr.A.S.More, Advocate for Petitioner

WRIT PETITION NO.5397 OF 2017 Ankush Ramchandra Rode and anr.

..Petitioners Mr.A.S.More, Advocate for Petitioner WRIT PETITION NO. 5399 OF 2017 Sakhubai Sambhaji Phalake Mr.A.S.Sawant, Advocate for Petitioner Mrs.A.V.Gondhalekar, AGP for respondents No. 1 to 4 WRIT PETITION NO. 5845 OF 2017 Chhaya Namdeo Barve Mr.A.S.Sawant, Advocate for Petitioner Mrs.A.V.Gondhalekar, AGP for respondents No. 1 to 4 WRIT PETITION NO. 6467 OF 2017 Surekha Achyut Badakh .. Petitioner

Through its Principal Secretary Mr.R.D.Khadap, Advocate for Petitioner WRIT PETITION NO. 6472 OF 2017 Ashabai Bhausaheb Badakh .. Petitioner Through its Principal Secretary Mr.R.D.Khadap, Advocate for Petitioner WRIT PETITION NO. 6476 OF 2017 Gorakhnath Jagannath Badakh .. Petitioners Through its Principal Secretary Mr.R.D.Khadap, Advocate for Petitioner WRIT PETITION NO. 7007 OF 2017 Geeta Suresh Karpe .. Petitioner ..Respondents

Mr.N.V Gaware, Advocate for Petitioner CORAM : S.V. GANGAPURWALA & A.M. DHAVALE, JJ DATE : 23rd February 2018 PER COURT 1.

In all these matters, the petitioners are the members of Village Panchayats. They have been disqualified on the ground that these petitioners have not submitted validity certificates within the period of six months, as required under proviso to Section 10 (1-A) of the Maharashtra Village Panchayats Act.

2.

The learned Counsel for the petitioners submit that the judgment of Full Bench of this Court in case of Anant H. Ulhalkar Vs. Chief Election Commissioner, reported in 2017 (1) Mh.L.J.431 holding the period of six months as prescribed under proviso to Section 10 (1-A) of the Maharashtra Village Panchayats Act mandatory has been stayed by the Apex Court in S.L.P. (C) Nos.29874 and 29875 of 2016 3.

We have heard the learned A.G.P. and learned Advocate for respective respondents.

4.

It is not disputed by the parties that in all these petitions, the petitioners are issued the validity certificates of the respective caste claim, but after the period of six months from the date of election. In view of the fact that the judgment of Full Bench of this Court has been stayed by the Apex Court in S.L.P. (supra), we quash and set aside the impugned orders.

5.

In case the Apex Court upholds the judgment of this Court, then the authority is entitled to take further course of action. 6.

Writ Petitions are allowed in above terms. No costs. 9.

In view of disposal of writ petitions, Civil Application No.16281 of 2016 in Writ Petition No.12523 of 2016 stands disposed of. ( A.M. DHAVALE, J.) ( S.V. GANGAPURWALA, J.) vvr