Yogesh Sarjerao Bansode v. The Collector Pune And ORS

15-WP-3504-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3504 OF 2024.

Yogesh Sarjerao Bansode

...Petitioner.

Versus

The Collector Pune And Ors

...Respondents.

Digitally signed by TALLE SHUBHAM ASHOKRAO Date:

2024.11.19 10:42:30 +0530 ------ Mr. Sushant Prabhune for the Petitioner.

Ms. V. S. Nimbalkar AGP for the Respondent-State. Adv. D. V. Sator a/w Adv. Latika Kabad i/by Shailesh Chavan for the Respondent. ------ Coram : Sharmila U. Deshmukh, J.

TALLE SHUBHAM ASHOKRAO Date : November 18, 2024.

P. C. :

1.

The dispute in the present case appears as regards the caste validity certificate to be submitted by 5 members of the Grampanchyat in the context of No Confidence Motion moved against the Petitioner.

2.

Learned Counsel appearing for the Petitioner would contend that as per the RTI information received from by the Tahasildar on 27th June 2023, the caste validity certificate had not been submitted whereas as per report dated 29th July 2024, the Tahasildar has stated that the caste validity certificate of 5 members of the Grampanchyat have been submitted. He would submit that though specific contention in that regard was raised, the Collector has failed to consider the said issue. He would further point out to the reply filed by Shubham Talle 1 of

15-WP-3504-2024.doc the Respondents in the Appellate proceedings and in particular paragraph No. 17 which does not specifically state that the caste validity certificate had been submitted. According to him back dated caste validity certificate has been submitted in order to overcome the aspect of disqualification.

3.

Learned Counsel appearing for the Respondent would submit that the Respondent Nos. 4 and 7 have submitted a caste validity certificate on 6th August 2021. As far as the Respondent No. 5 is concerned, the caste validity certificate is submitted with the nomination form and was resubmitted on 27th July 2023. 4.

Considering the contradictory report which has been provided by the Tahsildar, let AGP take instructions as to the date on which the caste validity certificate was submitted by Respondent Nos. 4, 5 and 7.

5.

List the matter on 29th November 2024, (Circulation). 6.

Interim/ad-interim relief granted earlier, if any, to continue till the next date.

[Sharmila U. Deshmukh, J.] Shubham Talle 2 of