Single judge vacated interim relief regarding caste certificate validity and allowed Civil Application 1247 of 2017 filed by the third respondent, noting no Supreme Court stay.
Civil application filed by respondent no.3 is allowed; interim relief granted on 4th April 2017 is vacated.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
ppn 1
905.wp-3716.17 wt caw 7247.17.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.3716 OF 2017
Asharani Irsangappa Gadde @ Asharani Ningappa Jeure .. Petitioner Vs. The Collector, Solapur & Ors. .. Respondents
ALONG WITH CIVIL APPLICATION NO.1247 OF 2017 IN
WRIT PETITION NO.3716 OF 2017
Rajendra@ Ekanath Bhimarao Chavan .. Applicant (Respt. No.3) In the matter between Asharani Irsangappa Gadde @ Asharani Ningappa Jeure .. Petitioner Vs. The Collector, Solapur & Ors. .. Respondents
Mr.S. S. Kanetkar for the petitioner. Mr.S.D. Rayrikar, AGP for the respondent nos.1 & 2-State. Mr.R.K. Mendadkar for the respondent no.3/applicant.
CORAM : R.D. DHANUKA, J. DATE : 12th June 2018
P.C.:
. Rule. Learned AGP waives service for the respondent nos.1 and 2 Mr.Mendadkar, learned counsel waives service for the respondent no.3.
ppn 2 905.wp-3716.17 wt caw 7247.17.doc
Chief Election Commissioner, reported in 2017 (1) Bom.C.R. 230 and would submit that the full bench of this Court after construing the identical provisions has held that the submission of caste validity certificate by elected councilor within a period of six months from the date of election as a candidate under the provisions of Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 is mandatory. He submits that the said judgment of the full bench of this Court has been stayed by the Hon'ble Supreme Court in one of the matters and the said issue is pending before the Hon'ble Supreme Court.
ppn 3 905.wp-3716.17 wt caw 7247.17.doc
before the Hon'ble Supreme Court. It is not the case of the petitioner that there was delay in filing the caste validity certificate by the petitioner before the authority and the said certificate could not be filed within six months. In this case, the caste validity certificate of the petitioner itself was invalidated by the Caste Scrutiny Committee.
R.D. DHANUKA, J.
1 issue framed by the court
Whether to continue the interim relief granted on 4th April 2017 pending the Supreme Court's decision.
Colour shows how this judgement treated each authority
Anant H.Ulahalkar Vs. Chief Election CommissionerReferred¶13
Anant H.Ulahalkar Vs. Chief Election Commissioner, reported in 2017 (1) Bom.C.R. 230 · Who else cites this
Asharani Irsangappa Gadde @ Asharani Ningappa Jeure
The Collector, Solapur
Rajendra@ Ekanath Bhimarao Chavan
R.D. DHANUKA
J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
