Writ petition challenging Collector's order rejecting dispute regarding scheduled tribe seat eligibility. Court held certificate produced within permitted time, found no illegality, and dismissed petition.
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2024:BHC-AUG:25051
( 1 ) {wp11086.24}
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
11 WRIT PETITION NO. 11086 OF 2024 SAKHARAM BAWA GAVIT VERSUS
THE STATE OF MAHARASHTRA THROUGH PRINCIPAL SECRETARY AND OTHERS
Mr.S.G. Kawade, Advocate for the petitioner through VC. Mr.R.K. Ingole, AGP for the respondent-State.
CORAM : KISHORE C. SANT, J. DATE : 14.10.2024
PC :-
for the respondent-State. The petitioner has challenged the judgment and order passed by the learned Collector, Nandurbar dated 17.07.2023, rejecting dispute filed by the present petitioner bearing Grampanchayat Dispute Application No.32 of 2023. The petitioner had filed application for declaration that respondent No.6 has incurred disqualification as she has failed to produce certificate that she belongs to scheduled tribe. She was elected as a member of Grampanchayat from the seat reserved for a person belonging to scheduled tribe. The learned Collector considered the dispute and specifically held that the time of 12 months was given to produce caste validity certificate duly verified by the caste scrutiny committee (Caste/Tribe Committee). The learned Collector specifically
observed that the respondent was having caste validity certificate in her maiden name as Devli Surji Gavit, which was obtained on 21.04.2023 and same was filed within 12 months. From the order it is seen that election had taken place on 16.10.2022. The certificate was filed on 21.04.2023. This Court does not find any illegality or irregularity in the order passed by the learned Collector, Nandurbar.
[KISHORE C. SANT, J.]
snk/2024/oct24/wp11086.24
1 issue framed by the court
Whether the elected member produced caste validity certificate within the statutory time limit?
Sakharam Bawa Gavit
State of Maharashtra through Principal Secretary and Others
Kishore C. Sant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
