GITA RUPCHAND DEKATE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith with the consent of Mr. R. D. Wakode, learned counsel for the petitioner; Mr. A. S. Fulzele, learned Assistant Government Pleader for Respondent Nos. 1 to 4 and Mr. Nitin Sambre, learned counsel for Respondent No. 5.

(2.) Grievance of the petitioner in the present writ petition is in respect of declaration of election of the petitioner invalid for want of submission of caste validity certificate. Learned counsel for the petitioner has submitted that the petitioner is elected as a Councillor of Municipal Council on 8th October, 2007 and, as per the then proviso to section 9-A of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, ("the Act of 1965" in short) the petitioner was entitled to submit caste validity certificate within a period of three months from the date of election, provided that he/she has applied for verification of her caste claim prior to filing of the nomination.

(3.) It is contended that the petitioner has contested the election of Councillor for the seat reserved for Scheduled Tribes; she had submitted caste certificate for verification to the Caste Scrutiny Committee prior to filing of her nomination paper, however, could not submit validity certificate within a period of three months from the date of election i.e. 8th October, 2007 since the same was pending for verification before the Caste Scrutiny Committee. It is contended that the inaction on the part of the Scrutiny Committee to decide the caste claim of the petitioner within a period of three months is not the fault of the petitioner and the petitioner should not be punished for the said inaction of the Scrutiny Committee. It is contended that in such situation, the impugned order may kindly be stayed and a direction be given to the Scrutiny Committee to decide the caste claim of the petitioner within a stipulated period and till then petitioner be permitted to remain a Councillor.