Bombay High Court
Pandurang Nagoji Kolhe vs The State Of Maharashtra And Others on 22 March, 2021
Author: V. K. Jadhav
Bench: V. K. Jadhav
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
12 WRIT PETITION NO.4723 OF 2021
PANDURANG NAGOJI KOLHE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
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Advocate for Petitioners : Mr. Mohit R. Deshmukh
AGP for Respondent Nos. 1, 3 and 4: Mr. S.P. Deshmukh
Advocate for Respondent No.2 : Mr. A.B. Kadethankar
.....
CORAM : V. K. JADHAV, J.
DATED : 22nd MARCH, 2021 PER COURT:-
1. Heard.
2. Learned counsel for the petitioner submits that this court in the case of Soni w/o Gajanan Kurkute vs. Election Officer, Gram Panchayat, Taroda and others, reported in (2020) 2 Mh.L.J. 941 held that the effect of Section 15 of the Maharashtra Village Panchayat Act is restricted only to corrupt electoral practices. This Court has considered the deletion of words "or submitted a false claim or a false caste certificate" from Section 15(5) (a) of the Maharashtra Village Panchayat Act and accordingly held as above.
3. In the instant case, the petitioner has initiated the proceeding before the Collector against respondent No.5 contending therein that she has suppressed the material facts while submitting the nomination paper that her caste claim came to be rejected and on ::: Uploaded on - 23/03/2021 ::: Downloaded on - 23/03/2021 22:33:54 ::: wp4723.21 -2- the other hand filed affidavit to the effect that her caste claim is pending before the competent authority.
4. In view of above, relying upon the ratio laid down in the aforesaid case, keeping the point of maintainability of this petition open, issue notice to the respondents, returnable on 26.04.2021.
5. Learned A.G.P. waives notice for respondent Nos. 1, 3 and 4 and Mr. Kadethankar, learned counsel waives notice for respondent No.2.
6. Learned counsel for the petitioner is requested to supply copies of case law, cited above, to the learned A.G.P. so also the learned counsel appearing for respondent No.2-State Election Commission, well in advance.
( V. K. JADHAV, J.) rlj/ ::: Uploaded on - 23/03/2021 ::: Downloaded on - 23/03/2021 22:33:54 :::