RAVIRAJ RAJENDRA PATIL Vs. GRAM PANCHAYAT BACHNI

JUDGEMENT

(1.) Heard learned Advocate Shri.Drupad S. Patil for the Petitioner/ objector, learned Advocate Shri.Chetan Patil for the Respondent No.2 - Elected Sarpanch and learned AGP for Respondent No.3.

(2.) Respondent No.2 - Iqbal was elected as a Sarpanch of Gram Panchayat Bachani, Taluka : Kagal, District : Kolhapur on 25/3/2019. He was elected for the seat reserved for backward class. As mandated, as per the provisions of Sec. 30(1A) of the Maharashtra Village Panchayats Act, he could not produce the caste validity certificate within a period of twelve months. Though applied before the Caste Verification Committee, in time, he could get it belatedly on 27/10/2020. Learned Collector - District Kolhapur refused to accept the objection taken by the Petitioner for disqualifying the Respondent No.2 - Iqbal vide its order dtd. 12/1/2021. Its correctness is challenged by way of this Writ Petition.

(3.) The law on the point of effect of non production of caste validity certificate within a prescribed period, is well settled by Full Bench of this Court in case of Anant Ulahalkar and Another V/s. Chief Election Commissioner [2017 (1) Mh.L.J. 431]. There, the election of a councillor from Bhor Municipal Council was challenged for not submitting caste validity certificate within prescribed period. There, the provisions of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 was involved. There is no dispute that those provisions are more or less similar to the provisions of Sec. 30(1A) of the Maharashtra Village Panchayats Act, 1959. The Full Bench has held that the period for submitting caste validity certificate is mandatory.