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2023 Supreme(Bom) 253

ARUN R. PEDNEKER
Archana W/o. Ananda Shembalwad – Appellant
Versus
State of Maharashtra, Through its Secretary, Rural Development Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. A.N. Nagargoje, Advocate
For the Respondent:Mrs. V.N. Patil-Jadhav, AGP, Mr. G.R. Syed, Advocate

JUDGMENT :

1. Rule. Rule made returnable forthwith. By consent of the parties, heard finally.

2. By the present writ petition, the petitioner is challenging the order dated 9.5.2022 passed by the respondent No. 3 – District Collector, Nanded and confirmed by the order dated 26.7.2022 passed by the respondent No. 2 – Additional Divisional Commissioner, Aurangabad, thereby disqualifying the petitioner under section 10-1A read with section 16 of the Maharashtra Village Panchayat Act, 1958 for non submission of caste validity certificate within time stipulated in section 10-1A.

3. The brief facts, leading to the institution of the present writ petition, are summarized as under :-

The petitioner contends that she belongs to Koli Mahadeo Tribe which is a scheduled tribe. On 25.2.1991 the competent authority issued tribe certificate in favour of the petitioner.

4. The petitioner contends that general election of Village Panchayat Karla, Tq. Umari, District Nanded was declared in 2015 and one post was reserved for S.T. Women category. The petitioner contested the election of the said Village Panchayat against the post reserved for S.T. Category and got elected for the said post. The petitioner

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