Mithun Jagannath Madavi v. The Additional Collector, Yawatmal And Others

2025:BHC-NAG:4956 1 wp 2570.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

Writ Petition No. 2570 of 2025 [Shri Mithun Jagannath Madavi ..vs.. The Additional Collector, Yawatmal and ors.] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. B. S. Dhandale, Advocate for the petitioner Ms. D. V. Sapkal, AGP for the State CORAM : ANIL L. PANSARE J.

DATED : 08-05-2025 Heard.

2.

None appears for respondent no. 4 though on caveat.

3.

The argument is that despite extension having been granted to obtain caste validity certificate for elected candidate, the Additional Collector, Yavatmal has disqualified the petitioner as Sarpanch of Gram Panchayat, Tadumri under Section 10(1-A) of the Maharashtra Village Panchayats Act, 1959.

4.

It appears that the order has been passed on 8-4-2025. The Government of Maharashtra vide Ordinance dated 30-4-2025 has extended the period to obtain caste validity certificate up to April, 2026 for the candidates who have been elected on the reserved seats. This ordinance having been issued subsequent to passing impugned order, one cannot really find fault in the order.

5.

In the circumstances, the purpose will be served, if the matter is remanded back to the Additional Collector, Yavatmal for consideration afresh in the light of subsequent development.

2 wp 2570.2025.odt 6.

Writ petition is accordingly partly allowed. Order dated 8-4-2025 passed by respondent no. 1 - Additional Collector, Yavatmal in Case No. 32/10(1-A)/2024 is quashed and set aside. The case is remanded back to respondent no. 1 for consideration afresh in accordance with law and what has been noted in the body of the order.

7.

The petitioner shall appear before respondent no. 1 on 15-5-2025.

8.

Respondent no. 1 shall, in the meantime, issue notice to all concerned seeking their presence before him on the aforesaid date i.e. on 15-5-2025. Considering peculiar circumstances, it is found not necessary to issue notice to respondent no. 3 - original complainant.

(Anil L. Pansare, J.) wasnik