SATISH Vs. STATE OF MAHARASHTRA AND OTHERS

JUDGEMENT

(1.) Both these petitions are being taken up together for adjudication in view of an identical issue involved. In both these matters, the petitioners, who are elected representatives of their respective villages in the Grampanchayats, have contested the Grampanchayat elections from such constituencies that have been reserved for the Scheduled Castes/ Scheduled Tribes. These elections were held on 25/04/2015 and 07/08/2015 to the Grampanchayat Gondegaon, Taluka and District Latur and to the Grampanchayat Bhogaon (Sable), Taluka and District Parbhani, respectively. It is equally undisputed that none of these petitioners have tendered their Caste/Tribe Validity Certificates as required under Section 10-1A of the Maharashtra Village Panchayats Act and the proviso thereunder. As such, they incurred disqualification.

(2.) In the first petition, respondent No. 5 Gram Sevak, Gram Panchayat Gondegaon has not caused appearance though served. In the second petition, respondent Nos. 2 and 3, though served, have not caused an appearance.

(3.) This a peculiar case where the law needs to be adverted to first before considering the submissions of the learned Advocates for the respective sides.