SANGEETA SANJAY LAKHOTE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith, with the consent of the respective counsel.

(2.) Grievance of the petitioner in the present Writ Petition is in respect of action of disqualifying the petitioner from contesting the election for the post of Sarpanch of Gram Panchayat, Butibori, on the ground that the petitioner did not annex caste validity certificate along with the nomination form submitted by the petitioner for contesting the said post.

(3.) Learned counsel for the petitioner has submitted that second proviso to section 10-1A of the Bombay Village Panchayats Act, 1958 (in short "the said Act") contemplates that the validity certificate can be submitted within a period of three months from the date of election of the candidate. It is contended that even if the petitioner failed to submit validity certificate along with the nomination form, second proviso protects the petitioner and, therefore, the respondents could not have disqualified the petitioner under section 10-1A of the said Act.