Bapu Rajaram Kalel And Ors vs The State Of Maharashtra Thru Dept. Of ... on 22 August, 2023

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Bombay High Court

Bapu Rajaram Kalel And Ors vs The State Of Maharashtra Thru Dept. Of ... on 22 August, 2023

Bench: G.S. Patel

                                              906-ASWP-7924-2023.DOC




     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             CIVIL APPELLATE JURISDICTION
              WRIT PETITION NO. 7924 OF 2023


Bapu Rajaram Kalel & Ors                               ...Petitioners
     Versus
The State of Maharashtra Through Dept of Rural       ...Respondents
Development & Ors


Mr Anil Anturkar, Senior Advocate, i/b Vivek V Salunke, for the
     Petitioner.
Mr V M Mali, AGP, for the State-Respondent Nos. 1, 2, 6 & 7.
Mr Anand S Shalgaonkar, for the Respondent Nos. 3 to 5.


                     CORAM         G.S. Patel &
                                   Kamal Khata, JJ.

                     DATED:        22nd August 2023
PC:-

1. The 4th Respondent is the principal contestant. The eight Petitioners seek the removal of the Sarpanch. They say that because the caste certificate application of the 4th Respondent, Sudhir Vilas Kalel, was rejected, the Petitioners have the requisite majority to express no confidence in and seek the removal of the Sarpanch. There is no dispute that the 4th Respondent's caste certificate request was rejected on 1st April 2021. The Petition itself was filed on 23rd June 2023.

Page 1 of 2

22nd August 2023 906-ASWP-7924-2023.DOC

2. Today, across the Bar, the learned Advocate for the 4th Respondent tenders a copy of a validity certificate issued by the District Caste Certificate Scrutiny Committee, Satara. This is dated 12th July 2023, i.e., after the Petition was filed and it states that the caste claim of the 4th Respondent is found to be correct and that he belongs to Lonari (183) caste. A copy of this certificate is taken on record and marked "X" for identification with today's date. A copy is given to Mr Anturkar in court. He seeks time to take instructions and to file a further affidavit. That Affidavit is to be filed and served by 28th August 2023.

3. We will take up the Petition on 30th August 2023 at 2.30 pm.

4. Both sides are put to notice that we will endeavour to dispose of the Petition finally on the next date.

                               (Kamal Khata, J)                                       (G. S. Patel, J)




Signed by: A.S.Talwalkar                                      Page 2 of 2
Designation: PS To Honourable Judge                        22nd August 2023
Date: 23/08/2023 17:55:18

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