Amol Tejrao Kakade vs the State of Maharashtra and Others — Bombay HC (2026) — LawSathi Research

Amol Tejrao Kakade vs the State of Maharashtra and Others — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions to respondent no.1 to decide the petitioner's pending appeal within six weeks from the date of the order; the disqualification order passed by respondent no.2 kept in abeyance until the decision in appeal.

Issue for consideration

Whether the petitioner's disqualification under section 39 of the Maharashtra Village Panchayats Act, 1959 — for issuing a death certificate and legal heirship certificate without authority while acting as Sarpanch — stands attracted, given counsel's contention (relying on Salim Khan Mahemood Khan Pathan Vs. State of Maharashtra) that absence of ill intention and the subsequent cancellation/recall of the certificates preclude disqualification.

Ratio / Principle

The writ petition is disposed of with a direction to respondent no.1 to decide the petitioner's pending appeal within a period of six weeks from the date of the order.

Key takeaways

Until the decision in the appeal, the order of disqualification passed by respondent no.2 against the petitioner shall be kept in abeyance.ratio¶19

Detailed headnote1 paragraphs

Bombay High Court (Aurangabad Bench), per S. G. Chapalgaonkar, J. — Writ Petition No. 5 of 2026, Amol Tejrao Kakade v. The State of Maharashtra and Others, decided January 05, 2026. The petitioner, a Sarpanch, stood disqualified under section 39 of the Maharashtra Village Panchayats Act, 1959 on the ground that he had issued a death certificate and a legal heirship certificate without authority under law; his counsel contended, relying on Salim Khan Mahemood Khan Pathan Vs. State of Maharashtra, 2024 (3) ALL MR 567, that disqualification under section 39 would not be attracted unless issuance was with ill intention, and pointed out that the petitioner had cancelled/recalled the certificates after realising the mistake. A Grampanchayat Appeal filed by the petitioner was pending before the Hon'ble Minister. Holding: writ petition disposed of with directions to respondent no.1 to decide the pending appeal within six weeks, and, till such decision, the disqualification order passed by respondent no.2 to remain in abeyance. Note: the contention regarding the preconditions for section 39 disqualification was advanced by counsel citing a precedent and was not adjudicated by this Court in these terms.

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2026:BHC-AUG:125

1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

44 WRIT PETITION NO. 5 OF 2026

Amol Tejrao Kakade VERSUS

The State Of Maharashtra And Others

Advocate for Petitioner : Mr. Shingare Keshav F. AGP for Respondents : Mr. M.K. Goyanka

CORAM : S. G. CHAPALGAONKAR, J. Dated : January 05, 2026

PER COURT :-

Heard learned advocates appearing for the respective parties.

Mr. Goyanka, learned AGP, on instructions, submits that

Grampanchayat Appeal filed by the petitioner which is pending before the Hon’ble Minister would be decided within a period of six (6) weeks from today.

Learned counsel appearing for the petitioner would submit that the petitioner has been disqualified under section 39 of the Maharashtra Village Panchayats Act, 1959 on the ground that he has issued death certificate as well a legal heirship certificate without having authority under law while acting as Sarpanch of the village Panchayat. He would rely

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upon observations of this Court in case of Salim Khan Mahemood Khan Pathan Vs. State of Maharashtra reported in 2024 (3) ALL MR 567 to contend that even it is assumed that death certificate or heirship certificate has been issued by the petitioner, unless it is established that it was issued with ill intention, disqualification under section 39 would not be attracted. He would further point out that after realizing the mistake, petitioner has cancelled/recalled the certificates. In that view of the matter, following order is passed.

O R D E R

i. Writ Petition stands disposed off with directions to respondent no.1 to decide pending appeal of the petitioner within a period of (6) six weeks from the date of this order.

ii. Till the decision in appeal, the order of disqualification passed by the respondent no.2 against the petitioner shall be kept in abeyance.

( S. G. CHAPALGAONKAR, J. )

AAA/-