wp-165.25 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.165 OF 2025 Mirabai W/o Namdev Baviskar, Age-37 years, Occu: Housewife, R/o-Gorgawale (Bk), Taluka-Chopda, District-Jalgaon. ...PETITIONER VERSUS 1) The State of Maharashtra, Thorough Collector, Jalgaon, 2) Dy. Director (Research), Schedule Tribe Caste Certificate Scrutiny Committee, Nandurbar, 3) The Tahsildar, Chopda, Dist-Jalgaon, 4) Block Development Officer, Panchayat Samiti, Chopda, District-Jalgaon, 5) Village Development Officer, Grampanchayat, Gorgawale (Bk), Taluka-Chopda, District-Jalgaon, 6) Surekha W/o Rohidas Koli, Age-Major, Occu:Housewife, R/o-Gorgawale (Bk), Taluka-Chopda, District-Jalgaon. ...RESPONDENTS ... Mr. Prakashsing B. Patil Advocate for Petitioner. Mr. A.M. Phule, A.G.P. for Respondent Nos. 1 to 3. ... 2025:BHC-AUG:8452-DB wp-165.25 2 CORAM: ALOK ARADHE, C.J. AND RAVINDRA V. GHUGE, J. DATE : 19th MARCH, 2025 ORAL JUDGMENT [PER RAVINDRA V. GHUGE, J.] : 1. Leave to delete Respondent Nos. 4, 5 and 6. Deletion be carried out forthwith, at the risk of the Petitioner. 2. Rule. Rule made returnable forthwith and heard finally by the consent of the parties. 3. The Petitioner has put forth prayer clause (B) and (C), as under:- “B) By appropriate Writ in the nature of Certiorari or any other Writ of like nature or by appropriate orders, the directions may be given to the respondent No.2 Dy. Director (Research) Schedule Tribe Caste Certificate Scrutiny Committee, Nandurbar to decide the caste claim of the Petitioner within a stipulated period on it’s own merits before 10/07/2024. C) By appropriate Writ in the nature of Certiorari or any other Writ of like nature or by appropriate orders, the directions may be given to the respondent No.1 and 3 to take appropriate steps for implementation of order dated 25/07/2023 passed by the respondent No.1 and permit the wp-165.25 3 petitioner to work as a Sarpanch of Village Grampanchayat Gorgawale (Bk), Tq.Chopda, Dist-Jalgaon.” 4. The Petitioner’s claim of belonging to the “Tokare Koli”, Scheduled Tribe category is pending validation proceedings before the Competent Committee. The Petitioner was elected as a Sarpanch from said category to Grampanchayat Gorgawale (Bk), Taluka-Chopda, District-Jalgaon, on 18/01/2021. However, she could not submit the validity within the time limit. The law laid down by the Full Bench of this Court in Anant H. Ulahalkar and another vs. Chief Election Commissioner and others, 2017(1) Mh.L.J. 431 and the Judgment of the Hon’ble Supreme Court in Shankar S/o Raghunath Devre (Patil) vs. State of Maharashtra and others, [(2019) 3 SCC 220], clearly mandates that the validity certificate has to be tendered within the time prescribed under the Statute. She, therefore, stood disqualified. In these circumstances, prayer clause “C)” cannot be entertained. 5. Insofar as prayer clause “B)” is concerned, the learned APP submits, on instructions, that the Committee would wp-165.25 4 decide the claim of the petitioner within 180 days from today. The said statement is recorded. 6. In view of the above, the Petition is disposed of with following directions:- (i) We expect the Committee to decide the validity claim of the Petitioner within 180 days from today. (ii) The Petitioner would render wholehearted cooperation to the Committee for an early decision of the claim. (iii) The Petitioner would not seek adjournments on unreasonable and frivolous grounds. (iv) The Committee would be justified to progress to the further stages in the proceeding in case of any attempt by the Petitioner to delay the matter. (v) The Petitioner tenders her WhatsApp Number for easy correspondence as under: WhatsApp No.: 09921424498 wp-165.25 5 (vi) The Committee would enter into correspondence with the Petitioner on the WhatsApp Number. 7. All contentions raised in the Petition are kept open to be considered by the Committee. We make it clear that we have not expressed any opinion with regards to the merits of the claim of the Petitioner. 8. With the above directions, Rule is made partly absolute. [RAVINDRA V. GHUGE, J.] [CHIEF JUSTICE] asb/MAR25