PRIYA RAHUL KOKATE Vs. COLLECTOR, AKOLA

JUDGEMENT

(1.) Heard.

(2.) The petitioner got elected as member of the Gram Panchayat in the election which was held on 07/08/2015. The petitioner got elected from the seat reserved for woman (OBC). Subsequently, the petitioner got elected as Sarpanch. At the time of submitting the nomination form, the petitioner had submitted her caste certificate, however, caste validity certificate was not submitted as it was not issued by the Scrutiny Committee till that date. As per Sec. 10-1A of the Maharashtra Village Panchayats Act, 1958 (for short "the Act of 1958") (as it stood then), the petitioner was required to submit the caste validity certificate within six months from the date of declaration of the result of the election. The petitioner had not received the caste validity certificate within time and therefore, she could not comply as per Sec. 10- 1A of the Act of 1958. The learned Collector, by order dated 06/01/2017 disqualified the petitioner from continuing as the Member and Sarpanch of the Gram Panchayat. This order is challenged in this petition.

(3.) The provisions of Sec. 10-1A of the Act of 1958 were amended initially by the Maharashtra Village Panchayats and the Maharashtra Zilla Parishads and Panchayat Samitis (Amendment) Act, 2018 (hereinafter referred to as "the Maharashtra Act No. LXVI of 2018"). The Maharashtra Act No. LXVI of 2018 was published in the Maharashtra Government Gazette on 14/12/2018. Sec. 2 of the Maharashtra Act No. LXVI of 2018 amended Sec. 10-1A of the Act of 1958.