1 wp5263-10 agk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5263 OF 2010 Daulat Ananda Thombare ..Petitioner. Versus The Collector of Pune, Pune & Others ..Respondents. Mr.S.A. Sawant with Mr.Ketan Joshi for the petitioner. Mrs.M.P. Thakur, AGP for respondent Nos.1,2,4 and 5. CORAM : B.H. Marlapalle, & U.D. Salvi, JJ. DATE : 30th September 2010. P.C. : We have heard Mr.Sawant, the learned counsel for the petitioner. We have also perused the order passed by this Court on 9th July 2010. Shri J.M. Rathod, Deputy Secretary in the Department of Social Justice and Special Assistance, Government of Maharashtra has filed affidavit in reply. 2. The petitioner seeks to challenge the legality of the communication dated 9th June 2010 addressed to all the Caste Scrutiny 2 wp5263-10 Committees by the Additional Secretary from the Department of Social Justice and Special Assistance. As per the said letter, any citizen filling in nomination form for contesting the village panchayat elections from a reserved ward (SC, ST, NT & OBC) is required to submit the caste validity certificate within four months on getting elected. This implies that while submitting the nomination the candidate is not required to submit a caste verification certificate and as per the letter dated 9th June 2010, it would be sufficient if a copy of the receipt issued by the collectorate about acceptance of the application for caste validity certificate is attached to the nomination form. These instructions are contrary to the order issued by the Maharashtra State Election Commission on 6th August 2009. As per the said order, the State Election Commission directed that while submitting a nomination form against a reserved seat, it shall be compulsory to submit a caste validity certificate. Mr.Sawant, the learned counsel for the petitioner invited our attention to the Article 243K of the Constitution and submitted that the Social Justice and Special Assistance Department, Government of Maharashtra cannot issue any orders / circulars or communications over- riding the orders issued by the State Election Commission. We cannot find fault with these arguments. 3. However, in the affidavit in reply filed by the Deputy Secretary it has been stated that the Government of Maharashtra has issued an Ordinance on 9th June 2010 and Section 10-1A of the Bombay Village Panchayat Act, 3 wp5263-10 1958 has been amended by introducing a proviso thereto. The Ordinance has come into effect on 9th June 2010 itself and a copy of the Ordinance has been annexed to the affidavit in reply. The proviso which has been added to Section 10-1A reads as under : “Provided that, for the General or by-elections for which the last date of filing of nomination falls on or before the 31st December 2010, in accordance with the election programme declared by the State Election Commission, a person who has applied to the Scrutiny Committee for verification of his caste certificate before the date of filing of the nomination paper but who has not received the Validity Certificate on the date of filing of the nomination paper shall submit, along with the nomination paper. - (i) a true copy of the application preferred by him to the Scrutiny Committee for issuance of the Validity Certificate or any other proof of having made such application to the Scrutiny Committee; and (ii) an undertaking that he shall submit, within a period of four months from the date of his election, the Validity Certificate issued by the Scrutiny Committee : Provided further that, if the person fails to produce the Validity Certificate within a period of four months from the date of his election, his election shall be deemed to have been terminated retrospectively and he shall be disqualified for being a member.” 4. As Section 10-1A of the Bombay Village Panchayat Act, 1958 has been amended by the Ordinance and the amendment has come into effect on 9th June 2010, the challenge raised in this petition does not survive, as the impugned communication is as per the scheme of the amended section. The order of the State Election Commission dated 6th August 2009 cannot be relied upon after Section 10-1A of the Act has been amended. 4 wp5263-10 5. Hence, the petition is hereby rejected. The order dated 9th July 2010 stands vacated. (U.D. Salvi, J.) (B.H. Marlapalle, J.)