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S. M. MODAK
Raviraj Rajendra Patil – Appellant
Versus
Gram Panchayat Bachni (Through its Gram Sevak) – Respondent
JUDGMENT :-
1. Heard learned Advocate Shri.Drupad S. Patil for the Petitioner/objector, learned Advocate Shri.Chetan Patil for the Respondent No.2 – Elected Sarpanch and learned AGP for Respondent No.3.
2. Respondent No.2 – Iqbal was elected as a Sarpanch of Gram Panchayat Bachani, Taluka : Kagal, District : Kolhapur on 25th March, 2019. He was elected for the seat reserved for backward class. As mandated, as per the provisions of Section 30(1A) of the Maharashtra Village Panchayats Act, he could not produce the caste validity certificate within a period of twelve months. Though applied before the Caste Verification Committee, in time, he could get it belatedly on 27th October, 2020. Learned Collector – District Kolhapur refused to accept the objection taken by the Petitioner for disqualifying the Respondent No.2 – Iqbal vide its order dated 12th January, 2021. Its correctness is challenged by way of this Writ Petition.
3. The law on the point of effect of non production of caste validity certificate within a prescribed period, is well settled by Full Bench of this Court in case of Ana
The main legal point established in the judgment is that the effect of COVID guidelines on the delayed production of the caste validity certificate and the applicability of settled law on the mandato....
COVID-19 virus - Election of petitioner disqualified because certificate not produced within period - Guidelines of supreme court- Petitioner cannot be said disqualification under S. 5B of Act, only ....
The mandatory nature of Section 10(1-A) of the Maharashtra Village Panchayats Act, 1959, and the retrospective termination of the election as per the statute, emphasizing the statutory limitations on....
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 ....
A person who has ceased to be a member because of automatic disqualification, cannot continue as Sarpanch of Gram Panchayat.
The interpretation of disqualification provisions under the Maharashtra Village Panchayats Act, 1959, and subsequent amendments, particularly in the context of validity certificate submission and the....
The central legal point established in the judgment is that a person with a case based on falsehood has no right to approach the Court, and knowingly producing fabricated and fraudulent documents to ....
The Caste Scrutiny Committee's determination of caste validity is exclusive and cannot be challenged in election petitions without clear evidence of fraud or error.
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