Ramchandra Namdev Salunkhe v. Grampanchayat Irali Through Gramsevak And ORS

5-WP-1966-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1966 OF 2024 Ramchandra Namdev Salunkhe

...Petitioner

Versus

Grampanchayat Irali Through Gramsevak And Ors.

...Respondents

....

Mr.Nilesh Wabale with Ms.Rutuja i/b Mr.Umesh Mankapure for the Petitioner.

Mr.Y.. D. Patil A.G.P. for the Respondent - State.

CORAM

:

AVINASH G. GHAROTE, J.

DATE :

10th JUNE 2024 P.C.

:

1.

Heard the learned counsel for the parties. The petition questions the order dated 7.7.2023 by which the petitioner has been disqualified as a member of the Grampanchayar Irali on the ground that the petitioner after being elected, has not submitted the validity certificate since the election was from reserved constituency. He contended that though the petitioner has validity certificate issued by the District Caste Scrutiny Committee, Sangli District dated 2.3.2021 (page 16), the same has not been submitted on account of which the disqualification has been incurred. Even otherwise it is vai

5-WP-1966-2024.doc contended by The Maharashtra Temporary Extension of Period for Submitting Validity Certificate (for certain elections to Village Panchayats, Zilla Parishads and Panchayat Samitis) Act, 2023 the period for such submission has been extended for 12 months from the date of the Act and therefore, would be available to the petitioner till 13.8.2024. Learned counsel for the petitioner does not dispute the above position in view of which the impugned order 7.7.2023 (page 21) passed by the respondent no.2 disqualifying the petitioner under section 10(1)(a) of M.V.P. Act as well as the one passed by the respondent no.3 without going into its merits, are hereby quashed and set aside.

2.

The petition is hereby allowed.

(AVINASH G. GHAROTE, J.) vai