Dismissed

Amol Dattatraya Patil v. the District Collector Raigad and Ors.

Bombay HC5 Oct 2023WP/10160/2023

Case brief

AI extract

What is this about?

Disposes of a writ petition challenging a Collector's order disqualifying the petitioner from a Gram Panchayat seat. The court held that the election was deemed terminated due to failure to produce a validity certificate under the Maharashtra Village Panchayat Act.

What did the court decide?

The Writ Petition is disposed of with the observation that the petitioner is disqualified for failing to produce a validity certificate.

Amol Dattatraya Patil Vs the District… — Pension and Retirement Benefits | Bombay HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.10160 OF 2023

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Amol Dattatraya Patil...Petitioner
 Versus
The District Collector, Raigad & Ors. ...Respondents

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Mr. Vivek V. Salunke, for the Petitioner.

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Mrs. M. S. Srivastava, AGP, for the State/Respondents.

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CORAM : MADHAV J. JAMDAR, J. DATED : 5^th OCTOBER 2023

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P.C.:

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1. Heard Mr. Salunke, learned counsel appearing for the

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Petitioner and Mrs. M. S. Srivastava, learned AGP, appearing for the
State/Respondents.

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2.The challenge in this Writ Petition filed under Articles 226 and
227 of the Constitution of India is to the order dated 28th June 2023
passed by the learned Collector, Raigad in complaint filed by the
Respondent No.2. The said Respondent No.2 filed application with
the Collector with prayer that the Petitioner’s election as member of
Gram Panchayat be declared as null and void and he be disqualified

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as member.

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3.The factual position on record shows that, the elections for the
members of village panchayat Talashet, Tal. Mangaon, Dist. Raigad
were conducted in 2019 and the Petitioner was elected from the seat
reserved for the backward class. The caste claim of the Petitioner was
invalidated by the Scheduled Tribe Scrutiny Committee, Konkan
Division, Thane on 26th October 2021. The Petitioner has filed Writ
Petition No.377 of 2021 challenging the said order and the said Writ
Petition is still pending. By order dated 8th March 2022, the Division
Bench of this Court granted protection. However, the said protection
was only till 25th March 2022.

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4.Mr. Salunke, learned counsel appearing for the Petitioner fairly
submitted that the said protection thereafter is not continued. Thus,
it is admitted position that the Petitioner’s caste claim was invalidated
by the Scheduled Tribe Scrutiny Committee, Konkan Division, Thane
and there is no order granting stay or any protection.

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5. Second proviso to Section 10(1A) of the Maharashtra Village Panchayat Act, 1959 provides that, if such person fails to produce the Validity Certificate within a period of twelve months from the date on which he is declared elected, his election shall be deemed to have

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been terminated retrospectively and he shall be disqualified for being
a member.

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6. Thus, it is clear that as the Petitioner has failed to produce validity certificate within said period of twelve months, his election shall be deemed to have been terminated retrospectively and he shall be disqualified as a member.

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7. Therefore, there is no illegality or irregularity in the impugned order passed by the learned Collector.

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8. Accordingly, the Writ Petition is disposed of in above terms with no order as to costs.

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Amol Dattatraya Patil v. the District Collector Raigad and Ors.

Case brief

What is this about?

What did the court decide?

Amol Dattatraya Patil v. the District Collector Raigad and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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