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2016 Supreme(Bom) 1835

T.V.NALAWADE
Shankar S/o Raghunath Devre (Patil) – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner: Shri D.S. Bagul.
For the Respondents: Shri S.R. Yadav, Shri A.S. Sawant and Shri C.V. Bhadane.

ORDER :

1. The petition is filed to challenge the order of disqualification made by the learned Collector Dhule and also the decision given by the Additional Commissioner Nasik Division, Division in Village Panchayat in Appeal No. 3/2016 filed against the said decision. Both the sides are heard.

2. The petitioner had contested the election to village panchayat from reserved category, Other Backward Class Category. He had produced caste certificate with the nomination form. He had produced token of receipt of the amount deposited with the Caste Scrutiny Committee for obtaining validity certificate in respect of his caste. The petitioner got elected on 26.12.2013. As he could not file validity certificate within the period of six months i.e. before 26.5.2014 proceeding was started for disqualification by his political rival, present respondent No. 5. The Collector held that within prescribed period the validity certificate was not produced and so present petitioner stood disqualified. The finding is confirmed by the Additional Commissioner.

3. It is the case of the petitioner that subsequently validity certificate was issued to him and it was issued in the month of December 2014 and he










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