Sau. Priya Rameshwar Kale v. The Additional Collector, Buldhana And Others

(1) 932wp2175.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.2175/2025 Sau. Priya Rameshwar Kale .Vs. The Additional Collector, Buldhana 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. R. D. Karode, Advocate for petitioner.

Mr. H. R. Dhumale, A.G.P. for respondent Nos. 1 and 2. CORAM :

ANIL L. PANSARE, J.

DATE :

MAY 6, 2025 Heard.

2.

On 22.04.2025, following order was passed.

"Heard.

The petitioner's application, challenging no confidence motion on the ground that two members, who had voted in favour of motion, stood disqualified for having not furnished caste validity certificates within stipulated time but their votes were counted to dislodge the petitioner from the post of Sarpanch, has been rejected.

The contention is that the finding runs contrary to the judgment passed by this Court in Writ Petition No. 3813/2023 (Sau.Usha w/o Satish Kathole Vs. The Collector, Akola and ors.) dated 18-6-2024 wherein the Court held in paragraph no. 10 as under :- "10. As stated above, respondent nos. 4, 6, 7 and 8 stood disqualified, which appears to be automatic disqualification for failure of the elected members from the reserved constituencies to produce the caste validity certificate within stipulated time. Despite such a position, when it was so apparent that four members, despite being disqualified, have attended the meeting, the learned Collector, by ignoring the provisions of law as also the directions given by this Court, has passed impugned order."

It appears that respondent nos. 6 and 9 were elected in January, 2021, but failed to furnish caste validity certificates within stipulated time and further before 13-22025 when the meeting was held. Having not furnished caste validity certificates, these two members stood disqualified in terms of Section 10-1A of the Maharashtra Village Panchayats Act, 1958. However, they were permitted to participate to vote in the meeting.

Issue notice on petition as well as on interim relief, returnable on 6-5-2025.

(2) 932wp2175.25 In addition to usual mode, the petitioner is permitted to serve the respondents through all permissible modes including service by Speed Post and shall file affidavit of service.

Learned Assistant Government Pleader waives notice for respondent nos. 1 and 2."

3.

Learned A.G.P. tendered across the bar his reply. Taken on record. The reply filed by learned A.G.P. is completely silent as to whether respondent Nos.6 to 9 had submitted caste validity certificate within the stipulated time.

4.

Learned A.G.P. seeks further time to take specific instructions. Granted.

5.

None appears for respondent Nos.3 to 10. It appears that notices to respondent Nos.3 to 10 could not be issued for want of copy of the petition. Counsel for the petitioner submits that these respondents have been served through private mode of service as permitted by this Court.

6.

True it is that the petitioner was allowed to serve the respondents through all permissible modes, including service by speed post but then that would not absolve the petitioner from submitting copy to the registry.

7.

So far as 'service by private mode' is concerned, Registry's remark is that the petitioner has served respondent No.3 by WhatsApp. Service through WhatsApp is not a permissible mode. That being so, notice issued to respondent No.3 cannot be said to be duly served.

8.

The petitioner shall accordingly forthwith supply copies of the petition to the registry for issuance of notice. Copies will be supplied today itself, failing which the petition shall stand dismissed without further reference to the Court. If the copy is supplied, issue notice returnable on 17.06.2025.

(Anil L. Pansare, J.) Kahale