The main legal point established in the judgment is that the submission of the validity certificate within the stipulated period under Section 51-1B of the Act 1965, and the applicability of Section 9 of the Ordinance 2018, saved the petitioner from disqualification.

JUDGMENT

N J Jamadar, J. - Rule. Rule made returnable forthwith and with the consent of the Counsels for the parties, heard finally at the stage of admission.

2. This petition under Article 226 of the Constitution of India takes exception to an order passed by the District Collector, dated 23rd January 2019 on Application No. 27/2019, whereby the election of the petitioner as the President of the Municipal Council, Pachora was declared to be deemed to have been terminated for failure to submit the caste validity certificate within the period stipulated under Section 51-1B of the Maharashtra Municipal Council, Nagar Panchayats and Industrial Township Act, 1965 (Act 1965).

3. The background facts, leading to this petition, can be stated in brief as under :

a) The petitioner had contested election to the post of the President of Pachora Municipal Council, which was reserved for the candidates belonging to Scheduled Caste. On 28th November 2016, the petitioner was declared elected for the post of the President of Municipal Council. While submitting nomination form, the petitioner had furnished true copy of the application preferred by him to the Scrutiny Committee for issue of validity certificate and an undertaking that he would submit the validity certificate within a period of six months from the date he was declared elected, in conformity with the proviso to Section 51-1B of the Act 1965.

b) As the Caste Scrutiny Committee did not expeditiously determine the petitioner's claim, the petitioner preferred Writ Petition bearing No. 5605 of 2017. A Division Bench of this Court, by an order dated 26th April 2017, directed the Caste Scrutiny Committee to take decision on the proposal of the petitioner within a period of six months thereof and also directed the Collector - respondent No. 3 in the writ petition, not to take any adverse action against the petitioner on the ground of his failure to submit validation certificate. It was further observed that appropriate steps could be taken depending upon the result of the proposal for caste validity certificate.

c) As the claim could not be decided by the Scrutiny Committee within the aforesaid period as well, the petitioner was again constrained to institute a petition, being Writ Petition No.12443 of 2017. By an order dated 11th October 2017, a Division Bench of this Court disposed of the writ petition on the premise that the order passed by this Court on 26th April 2017 in Writ Petition No. 5605 of 2017 adequately protected the interest of the petitioner and no fresh orders were warranted.

d) Eventually, the Caste Scrutiny Committee validated the claim of the petitioner by an order dated 8th November 2017. The petitioner submitted validity certificate on 29th November 2017.

e) Respondent No. 1, who had contested the election against the petitioner, lodged a dispute with the Collector, Jalgaon on 7th September 2018 contending that the petitioner did not submit the validity certificate within the period of six months from the date of declaration of results and, thus, the election of the petitioner to the post of the President stood terminated retrospectively. Respondent No.1 banked upon the Full Bench judgment of this Court in the case of Anant H. Ulhalkar and another vs Chief Election Commissioner and others,2017 1 AIRBombay 327. The petitioner resisted the dispute by filing objection thereto.

f) After appraisal of the rival contentions and submissions canvassed on behalf of the petitioner and respondent No. 1, the Collector, Jalgaon was persuaded to enter a finding that the petitioner failed to submit the caste validity certificate within twelve months of the declaration of results in terms of Mumbai Municipal Corporation Act, Maharashtra Municipal Corporations Act and Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Amendment) Ordinance, 2018, which came into force w.e.f. 27th September 2018 and whereunder the period prescribed in the second proviso to Section 51-1B