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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
S.G.CHAPALGAONKAR
Usha Arjun Pawar – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT:
S. G. CHAPALGAONKAR, J.
1. Rule. Rule made returnable forthwith. With consent of the parties, matter is taken up for final hearing at admission stage.
2. The petitioner impugns order dated 12.06.2025 passed by Additional Divisional Commissioner, Nashik Division in Gram Panchayat Appeal No.1/2025, thereby upholding order dated 30.12.2024 passed by District Collector, Jalgaon in Gram Panchayat Dispute Application No.57/2022, thereby setting aside petitioner from holding post of Sarpanch of Village Panchayat Shirsoli, Taluka Jalgaon in exercise of powers under Section 33 of the Maharashtra Village Panchayat Act, 1959 (for short ‘Act, 1959’).
3. The petitioner was elected as Member of Village Panchayat Shirsoli from General Women Category in the Election held in 2021. On 27.02.2014, special meeting was convened for election of Sarpanch. The post of Sarpanch was specifically reserved for OBC Category. The meeting for election was scheduled on 05.03.2024. The petitioner was declared as elected as Sarpanch.
4. The respondent no.7 filed Gram Panchayat Dispute Application No.57/2024 under Section 33 (5) of Act, 1959 alleging that petitioner presented fabricated caste validity certifica
Elected officials can be disqualified for submitting fraudulent documents for reserved positions, and the Collector has jurisdiction to declare such elections void under the Maharashtra Village Panch....
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....
In cases of false and bogus caste validity certificates, it is not necessary to approach the Caste Scrutiny Committees, and the Commissioner has the authority to disqualify a candidate.
The main legal point established in the judgment is that disqualification for failure to validate a caste certificate does not fall under the misbehaviour provision of Section 14(c)(i) of the Maharas....
No appeal can be filed before Divisional Commissioner against an order passed by Collector under Section 14B(1) of Maharashtra Village Panchayats Act, 1959, declining to disqualify a Sarpanch/Member ....
The principle of restitution and entitlement to reliefs sought based on the consequences of the dismissal of the writ petition.
The main legal point established in the judgment is that the vacant post of Sarpanch, as per the amended second proviso to Section 43 of the Maharashtra Village Panchayats Act, must be filled by elec....
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