SATISH v. THE STATE OF MAHARASHTRA

1 CORRECTED    IN THE SUPREME COURT OF INDIA   CIVIL APPELLATE  JURISDICTION CIVIL APPEAL NO. 8902  OF 2019 (@ SLP (CIVIL) NO. 405 OF 2019)     BAYNABAI KATHALU PUNDGE .. Appellant (s)                          Versus THE STATE OF MAHARASHTRA & ORS. ..   Respondent(s) WITH CIVIL APPEAL NO. 8903 OF 2019 (@ SLP (CIVIL) NO. 1755 OF 2019) AND CIVIL APPEAL NOS. 8904­05  OF 2019 (@ SLP (CIVIL) NOS. 2981­2982 OF 2019) AND CIVIL APPEAL NO. 8906  OF 2019 (@ SLP (CIVIL) NO. 5935 OF 2019) O R D E R CIVIL APPEAL NO. 8902 OF 2019 (@ SLP (CIVIL) NO. 405 OF 2019) Leave granted. Election to the post of Sarpanch, Gram Panchayat Bhogaon (Sable) was held on 07 th August, 2015. The appellant belonging to Scheduled Caste (Mahar) was elected.

2 Section 10-1A of the Maharashtra Village Panchayats Act, (‘Maharashtra Act’) provides that a person desirous of contesting in the election to a seat reserved for Scheduled Castes, Scheduled Tribes or Backward Class of Citizens is required to submit a Caste Certificate issued by the Competent Authority and the Validity Certificate issued by the Scrutiny Committee in accordance with the provision of the Maharashtra Scheduled Castes, Scheduled Tribes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000. If a person has applied to the Scrutiny Committee for verification of his caste certificate before the date of filing of the nomination papers and has not received the certificate, he should submit along with the nomination papers, 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. He shall also furnish an undertaking that he shall submit, within a period of six months from the date on which he is declared elected, a Validity Certificate issued by the Scrutiny Committee. The proviso to Section 10-1A of the Maharashtra Act postulates that failure on the part of the person who is elected to produce the Validity Certificate within a period of six months from

3 the date on which he was declared elected would entail in his election being deemed to have been terminated retrospectively and he shall be disqualified from being a Member of the Gram Panchayat. An Ordinance was issued on 11 th October, 2018 by which the words “six months” were substituted by “12 months” for all purposes. The provision relating to submission of the Caste Validity Certificate within a period of “12 months” was made applicable with retrospective effect from 31 st March, 2016. On an application filed by one Kalyan Ramrao Sable, the District Collector, Parbhani declared the appellant as disqualified to hold the post of a Member, Gram Panchayat Village-Bhogaon(Sable), Taluka & District Parbhani on the ground that she failed to produce the Caste Validity Certificate within six months from the date of the election, i.e. 07 th August, 2015. The said order was affirmed by the Additional Commissioner, Aurangabad by an Order dated 28 th December, 2016, against which the appellant filed a writ petition in the High Court of Bombay, Aurangabad Bench. The High Court dismissed the writ petition by holding that the appellant was not entitled to the benefit of the Ordinance as the election to the Grampanchayat was held prior to 31 st March, 2016. According to the High Court, the extension of the period from “six months” to “12 months” came into effect only from 31 st March, 2016 and cannot come to the rescue of the appellant, who was elected prior to 31 st March, 2016.

4 Aggrieved by the judgment of the High Court, the appellant is before this Court. We are informed that the Government of Maharashtra issued an Ordinance on 14 th February, 2019 by which the figures and words “31st March 2016” in Section 2 of the Maharashtra Village Panchayats and the Maharashtra Zilla Parishads and Panchayat Samitis (Amendment) Act, 2018 (hereafter referred to as ‘Amendment Act’) are substituted with 26 th March, 2015. The consequence of the Ordinance issued on 14 th February, 2019 is that the appellant who was elected on 07 th August, 2015 would be entitled to the benefit accruing therefrom. Learned counsel for the appellant submitted that the Caste Validity Certificate issued on 08 th September, 2016 was submitted before the Commissioner within the time postulated by law. We have heard learned counsel for the appellant and the State of Maharashtra. The appellant is entitled for the benefit of the Ordinance issued on 14 th February, 2019. There is no dispute that the Caste Certificate was issued in his favour by the Scrutiny Committee which was furnished to the authority within the prescribed time. The order passed by the District Collector declaring the appellant as disqualified as a Member of the Grampanchayat, as affirmed by the Additional Commissioner and the High Court is set aside. In view of the aforesaid, the appeal is allowed.

5 CIVIL APPEAL NO. 8903 OF 2019 (@ SLP (CIVIL) NO. 1755 OF 2019) AND CIVIL APPEAL NOS. 8904-05 OF 2019 (@ SLP (CIVIL) NOS. 2981-2982 OF 2019) AND CIVIL APPEAL NO. 8906 OF 2019 (@ SLP (CIVIL) NO. 5935 OF 2019) Leave granted. In these cases, the elections of the Member/Sarpanch are scheduled to be held in December, 2019. Therefore, the proviso to Section 8 of the Amendment Act is not applicable. The appellants have furnished the Caste Validity Certificates before the concerned authority within the prescribed period. The order passed by the District Collector/Divisional Commissioner disqualifying the appellants is set aside. These appeals are disposed of in terms of the order passed in Civil Appeal No.8902 of 2019.                             .... .........................J.                              ( L. NAGESWARA RAO )                                                     . ... .........................J.                      ( HEMANT GUPTA ) New Delhi, Dated: November 21, 2019

6    IN THE SUPREME COURT OF INDIA   CIVIL APPELLATE  JURISDICTION CIVIL APPEAL NO. 8902  OF 2019 (@ SLP (CIVIL) NO. 405 OF 2019)     BAYNABAI KATHALU PUNDGE .. Appellant (s)                          Versus THE STATE OF MAHARASHTRA & ORS. ..   Respondent(s) WITH CIVIL APPEAL NO. 8903 OF 2019 (@ SLP (CIVIL) NO. 1755 OF 2019) AND CIVIL APPEAL NOS. 8904­05  OF 2019 (@ SLP (CIVIL) NOS. 2981­2982 OF 2019) AND CIVIL APPEAL NO. 8906  OF 2019 (@ SLP (CIVIL) NO. 5935 OF 2019) O R D E R CIVIL APPEAL NO. 8902 OF 2019 (@ SLP (CIVIL) NO. 405 OF 2019) Leave granted. Election to the post of Sarpanch, Gram Panchayat Bhogaon (Sable) was held on 07 th August, 2015. The appellant belonging to Scheduled Caste (Mahar) was elected.

7 Section 10-1A of the Maharashtra Village Panchayats Act, (‘Maharashtra Act’) provides that a person desirous of contesting in the election to a seat reserved for Scheduled Castes, Scheduled Tribes or Backward Class of Citizens is required to submit a Caste Certificate issued by the Competent Authority and the Validity Certificate issued by the Scrutiny Committee in accordance with the provision of the Maharashtra Scheduled Castes, Scheduled Tribes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000. If a person has applied to the Scrutiny Committee for verification of his caste certificate before the date of filing of the nomination papers and has not received the certificate, he should submit along with the nomination papers, 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. He shall also furnish an undertaking that he shall submit, within a period of six months from the date on which he is declared elected, a Validity Certificate issued by the Scrutiny Committee. The proviso to Section 10-1A of the Maharashtra Act postulates that failure on the part of the person who is elected to produce the Validity Certificate within a period of six months from the date on which he was declared elected would entail in

8 his election being deemed to have been terminated retrospectively and he shall be disqualified from being a Member of the Gram Panchayat. An Ordinance was issued on 11 th October, 2018 by which the words “six months” were substituted by “12 months” for all purposes. The provision relating to submission of the Caste Validity Certificate within a period of “12 months” was made applicable with retrospective effect from 31 st March, 2016. On an application filed by one Kalyan Ramrao Sable, the District Collector, Parbhani declared the appellant as disqualified to hold the post of a Member, Gram Panchayat Village-Bhogaon(Sable), Taluka & District Parbhani on the ground that she failed to produce the Caste Validity Certificate within six months from the date of the election, i.e. 07 th August, 2015. The said order was affirmed by the Additional Commissioner, Aurangabad by an Order dated 28 th December, 2016, against which the appellant filed a writ petition in the High Court of Bombay, Aurangabad Bench. The High Court dismissed the writ petition by holding that the appellant was not entitled to the benefit of the Ordinance as the election to the Grampanchayat was held prior to 31 st March, 2016. According to the High Court, the extension of the period from “six months” to “12 months” came into effect only from 31 st March, 2016 and cannot come to the rescue of the appellant, who was elected prior to 31 st March, 2016. Aggrieved by the judgment of the High Court, the

9 appellant is before this Court. We are informed that the Government of Maharashtra issued an Ordinance on 14 th February, 2019 by which the figures and words “31st March 2016” in Section 2 of the Maharashtra Village Panchayats and the Maharashtra Zilla Parishads and Panchayat Samitis (Amendment) Act, 2018 (hereafter referred to as ‘Amendment Act’) are substituted with 26 th March, 2015. The consequence of the Ordinance issued on 14 th February, 2019 is that the appellant who was elected on 07 th August, 2015 would be entitled to the benefit accruing therefrom. Learned counsel for the appellant submitted that the Caste Validity Certificate issued on 08 th September, 2016 was submitted before the Commissioner within the time postulated by law. We have heard learned counsel for the appellant and the State of Maharashtra. The appellant is entitled for the benefit of the Ordinance issued on 14 th February, 2019. There is no dispute that the Caste Certificate was issued in his favour by the Scrutiny Committee which was furnished to the authority within the prescribed time. The order passed by the District Collector declaring the appellant as disqualified as a Member of the Grampanchayat, as affirmed by the Additional Commissioner and the High Court is set aside. In view of the aforesaid, the appeal is allowed.

10 CIVIL APPEAL NO. 8903 OF 2019 (@ SLP (CIVIL) NO. 1755 OF 2019) AND CIVIL APPEAL NOS. 8904-05 OF 2019 (@ SLP (CIVIL) NOS. 2981-2982 OF 2019) AND CIVIL APPEAL NO. 8906 OF 2019 (@ SLP (CIVIL) NO. 5935 OF 2019) Leave granted. In these cases, the elections of the Member/Sarpanch are scheduled to be held in December, 2019. Therefore, the proviso to Section 8 of the Amendment Act is not applicable. The appellants have furnished the Caste Validity Certificates before the concerned authority within the prescribed period. The order passed by the District Collector disqualifying the appellants is set aside. These appeals are disposed of in terms of the order passed in Civil Appeal No.8902 of 2019.                             .... .........................J.                              ( L. NAGESWARA RAO )                                                     . ... .........................J.                      ( HEMANT GUPTA ) New Delhi, Dated: November 21, 2019

11 ITEM NO.10 COURT NO.11 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 405/2019 (Arising out of impugned final judgment and order dated 10-12-2018 in WP No. 2883/2017 passed by the High Court Of Judicature At Bombay At Aurangabad) BAYNABAI KATHALU PUNDGE Petitioner(s) VERSUS THE STATE OF MAHARASHTRA & ORS. Respondent(s) WITH SLP(C) No. 1755/2019 (IX) (WITH STAY APPLICATION) SLP(C) No. 2981-2982/2019 (IX) (EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) SLP(C) No. 5935/2019 (IX) (IA No.34878/2019-EXEMPTION FROM FILING O.T.) Date : 21-11-2019 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE L. NAGESWARA RAO HON'BLE MR. JUSTICE HEMANT GUPTA For Petitioner(s) Mr. Atul Babasaheb Dakh, AOR Mr. Rahul Chitnis, Adv. Mr. Aaditya A. Pande, Adv. Mr. Chander Shekhar Ashri, AOR Mr. Shirish K. Deshpande, AOR Mrs. Rucha Praveen Mandlik, Adv. Mr. Mohit Gautam, Adv. For Respondent(s) Mr. Nishant Ramakantrao Katneshwarkar, AOR Mr. Anoop Kandari, Adv. Mr. Suvidutt M.S., AOR

12 UPON hearing the counsel the Court made the following O R D E R CIVIL APPEAL NO. 8902 OF 2019 (@ SLP (CIVIL) NO. 405 OF 2019) Leave granted. The appeal is allowed in terms of the Signed Order. Pending application(s), if any, stand disposed of. CIVIL APPEAL NO. 8903 OF 2019 (@ SLP (CIVIL) NO. 1755 OF 2019) AND CIVIL APPEAL NOS. 8904-05 OF 2019 (@ SLP (CIVIL) NOS. 2981-2982 OF 2019) AND CIVIL APPEAL NO. 8906 OF 2019 (@ SLP (CIVIL) NO. 5935 OF 2019) Leave granted. These appeals are disposed off in terms of the order passed in Civil Appeal No.8902 of 2019. Pending application(s) also stand disposed of. (GEETA AHUJA) (SUNIL KUMAR RAJVANSHI) COURT MASTER (SH) BRANCH OFFICER (Common Signed Order is placed on the file)

ITEM NO.819 COURT NO.1 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 405/2019 (Arising out of impugned final judgment and order dated 10-12-2018 in WP No. 2883/2017 passed by the High Court Of Judicature At Bombay At Aurangabad) BAYNABAI KATHALU PUNDGE Petitioner(s) VERSUS THE STATE OF MAHARASHTRA & ORS. Respondent(s) I.A. NO. 57826/2019 IN SLP© Nos. 2981-2982/2019 (Mentioned by) Date : 20-11-2019 This petition was mentioned today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE SURYA KANT Counsel for parties : Mr. Rahul Chitnis, Adv. Mr. Aaditya A Pande, Adv. Mr. C.S. Ashri, Adv. UPON hearing the counsel the Court made the following O R D E R I.A. NO. 57826/2019 IN SLP© Nos. 2981-2982/2019 List after four weeks before appropriate Bench. [ CHARANJEET KAUR ] [ INDU KUMARI POKHRIYAL ] A.R.-CUM-P.S. ASSTT. REGISTRAR

ITEM NO.11 COURT NO.11 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s).405/2019 (Arising out of impugned final judgment and order dated 10-12-2018 in WP No.2883/2017 passed by the High Court Of Judicature At Bombay At Aurangabad) BAYNABAI KATHALU PUNDGE Petitioner(s) VERSUS THE STATE OF MAHARASHTRA & ORS. Respondent(s) (ONLY SLP(C)NO.5935/19 TO BE LISTED ON 20.11.2019) WITH SLP(C) No.5935/2019 (IX) (With application for exemption from filing O.T.) Date : 20-11-2019 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE L. NAGESWARA RAO HON'BLE MR. JUSTICE HEMANT GUPTA For Petitioner(s) Mr. Shirish K. Deshpande,AOR Ms. Rucha Praveen Mandlik,Adv. Mr. Mohit Gautam,Adv. Mr. Atul Babasaheb Dakh,AOR For Respondent(s) Mr. Suvidutt M.S.,AOR Mr. Nishant Ramakantrao Katneshwarkar, AOR Mr. Anoop Kandari,Adv. UPON hearing the counsel the Court made the following O R D E R List these matters on 21.11.2019 along with SLP(C)No.1755/ 2019 and SLP(C)Nos.2981-1982/2019. (B.Parvathi) (Pradeep Kumar) Court Master Court Master

ITEM NO.832 COURT NO.1 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 405/2019 (Arising out of impugned final judgment and order dated 10-12-2018 in WP No. 2883/2017 passed by the High Court Of Judicature At Bombay At Aurangabad) BAYNABAI KATHALU PUNDGE Petitioner(s) VERSUS THE STATE OF MAHARASHTRA & ORS. Respondent(s) (Only SLP(C) No. 5935/2019 mentioned today) WITH SLP(C) No. 5935/2019 (IX) Date : 18-11-2019 This petition was mentioned today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE B.R. GAVAI HON'BLE MR. JUSTICE SURYA KANT For Petitioner(s) Mr. Shirish K. Deshpande, AOR (mentioned by) For Respondent(s) UPON hearing the counsel the Court made the following O R D E R SLP(C) No. 5935/2019 Not to be deleted from the notified date i.e. 20.11.2019. (SANJAY KUMAR-II) (INDU KUMARI POKHRIYAL) COURT MASTER (SH) ASSISTANT REGISTRAR

ITEM NO.56 REGISTRAR COURT. 1 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SH. ANIL LAXMAN PANSARE Petition(s) for Special Leave to Appeal (C) No(s). 405/2019 BAYNABAI KATHALU PUNDGE Petitioner(s) VERSUS THE STATE OF MAHARASHTRA & ORS. Respondent(s) WITH SLP(C) No. 1755/2019 (IX) (FOR FOR STAY APPLICATION ON IA 98603/2019) SLP(C) No. 2981-2982/2019 (IX) (FOR ADMISSION and I.R. and IA No.8717/2019-CONDONATION OF DELAY IN FILING and IA No.8718/2019-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) SLP(C) No. 5935/2019 (IX) (FOR ADMISSION and I.R. and IA No.34878/2019-EXEMPTION FROM FILING O.T.) Date : 01-10-2019 This petition was called on for hearing today. For Petitioner(s) Mr. Rahul Chitnis, Adv. Mr. Aaditya A. Pande, Adv. Mr. Chander Shekhar Ashri, AOR Mr. Shirish K. Deshpande, AOR Mr. Atul Babasaheb Dakh, AOR For Respondent(s) Mr. Suvidutt M.s., AOR Mr. Seshatalpa Sai Bandaru, Adv. Mr. Nishant Ramakantrao Katneshwarkar, AOR UPON hearing the counsel the Court made the following O R D E R SLP(C) No. 405/2019 Despite last opportunity having been granted, respondent Nos.1 to 3 have not filed counter affidavit, as such, further opportunity to file counter affidavit stands declined. SLP(C) No. 1755/2019 Four weeks' time is granted to respondent Nos.1, 2, 3, 4 and 9 for filing counter affidavit.

Item No.56 -2- Service is complete on respondent Nos.5, 6 and 8 but none has entered appearance. Ld. Counsel for the petitioner to take fresh steps for effecting service on respondent No.7 within two weeks. Ld. Counsel for the petitioner requested to serve the said respondent through District Judge. Permission granted. Notice be issued through District Judge in terms of Order LIII Rule 3, Supreme Court Rules, 2013. SLP(C) No. 2981-2982/2019 Service is complete on respondent Nos.1, 4, 6 and 7. Ld. Advocate, Mr.Seshatalpa Sai Bandaru, appearing on behalf of Mr.Nishant R. Katneshwarkar, Advocate-on-record appears for the said respondents. He seeks time to file vakalatnama and counter affidavit. Be filed within four weeks. Remaining respondents have been served but none has entered appearance. SLP(C) No. 5935/2019 None appeared for respondent No.1 when called. The record shows that vakalatnama on behalf of respondent No.1 has been filed on 15.5.2019, however, counter affidavit has not been filed till today. There is neither written application for extension of time to file pleadings in terms of Order V Rule 1(22), Supreme Court Rules, 2013 nor is there oral request to that effect. It appears that the respondent is not interested in filing counter affidavit and, therefore, opportunity to file counter affidavit stands declined.

Item No.56 -3- Service is complete on respondent No.3. Ld. Advocate, Mr.Seshatalpa Sai Bandaru, appearing on behalf of Mr.Nishant R. Katneshwarkar, Advocate-on-record appears for respondent No.3. He seeks time to file vakalatnama and counter affidavit. Be filed within four weeks. Service is complete on respondent Nos.2, 4 and 5 but none has entered appearance. Ld. Counsel for the petitioner in SLP(C) No. 405/2019 submits that this matter may be listed before the Hon’ble Court on the ground that the other matters are not tagged with this matter. Ld. Counsel for the petitioner in SLP(C)No.1755/2019 also makes request to list the matter before the Hon’ble Court as there is urgency and according to him this matter would become infructuous if not listed immediately before the Hon’ble Court. Registry to process the matters for listing before the Hon'ble Court after completion of period of four weeks. ANIL LAXMAN PANSARE Registrar

ITEM NO.9 COURT NO.1 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No.405/2019 (Arising out of impugned final judgment and order dated 10-12-2018 in WP No. 2883/2017 passed by the High Court of Judicature at Bombay at Aurangabad) BAYNABAI KATHALU PUNDGE Petitioner(s) VERSUS THE STATE OF MAHARASHTRA & ORS. Respondent(s) WITH S.L.P.(C) No.1755/2019 (IX) (With appln.(s) for stay) Date : 02-08-2019 This petition was called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE DEEPAK GUPTA For Petitioner(s) Mr. Atul Babasaheb Dakh, AOR Mr. Shirish K. Deshpande, AOR For Respondent(s) Mr. Nishant Ramakantrao Katneshwarkar, AOR Mr. Anoop Kandari, Adv. UPON hearing the counsel the Court made the following O R D E R I.A. No.98603/2019 in S.L.P.(C) No.1755/2019 In the absence of any statement that the posts from which the applicants-petitioners have been disqualified, the interim relief sought for cannot be granted. I.A. No.98603/2019 for stay is dismissed. (Chetan Kumar) (Anand Prakash) A.R.-cum-P.S. Court Master

ITEM NO.78 REGISTRAR COURT. 1 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR ANIL LAXMAN PANSARE Petition(s) for Special Leave to Appeal (C) No(s). 405/2019 BAYNABAI KATHALU PUNDGE Petitioner(s) VERSUS THE STATE OF MAHARASHTRA & ORS. Respondent(s) WITH SLP(C) No. 1755/2019 (IX) (FOR ADMISSION and I.R. and IA No.9096/2019-EXEMPTION FROM FILING O.T. IA No. 692/2018 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 694/2018 - STAY APPLICATION) SLP(C) No. 2981-2982/2019 (IX) (FOR ADMISSION and I.R. and IA No.8717/2019-CONDONATION OF DELAY IN FILING and IA No.8718/2019-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 692/2018 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 694/2018 - STAY APPLICATION) SLP(C) No. 5935/2019 (IX) (FOR ADMISSION and I.R. and IA No.34878/2019-EXEMPTION FROM FILING O.T. IA No. 692/2018 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 694/2018 - STAY APPLICATION) Date : 03-07-2019 This petition was called on for hearing today. For Petitioner(s) Mr. Rahul Chitnis, Adv. Mr. Aaditya A. Pande, Adv. Mr. Chander Shekhar Ashri, AOR Mr. Shirish K. Deshpande, AOR Mr. Atul Babasaheb Dakh, AOR For Respondent(s) Mr. Shreyas Gacche, Adv. Mr. Sivudutt M S, AOR UPON hearing the counsel the Court made the following O R D E R SLP(C) No.405/2019 Service is complete on respondent Nos.1 to 3. Last opportunity is granted to Ld. Advocate, Mr. Seshatalpa Sai Bandaru,

Item No.78 -2- appearing on behalf of Mr. Nishant R. Katneshwarkar, Advocate-on- record for filing vakalatnama and counter affidavit within four weeks. SLP(C) No. 1755/2019 Ld. Counsel for the petitioner submits that affidavit of dasti service in respect of respondent Nos.1 and 7 will be filed during the course of the day. Be filed accordingly. Registry to process the matter thereafter as per rules. SLP(C) No. 2981-2982/2019 Ld. Counsel for the petitioner to take fresh steps for effecting service on respondent Nos.2 and 3 within two weeks. SLP(C) No. 5935/2019 Four weeks' time is granted to respondent No.1 for filing counter affidavit. Ld. Counsel for the petitioner submits that affidavit of dasti service in respect of respondent Nos.2 and 5 be filed during the course of the day. Be filed accordingly. Registry to process the matter thereafter as per rules. List again on 1.10.2019. ANIL LAXMAN PANSARE Registrar

ITEM NO.40 REGISTRAR COURT. 1 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR ANIL LAXMAN PANSARE Petition(s) for Special Leave to Appeal (C) No(s). 405/2019 BAYNABAI KATHALU PUNDGE Petitioner(s) VERSUS THE STATE OF MAHARASHTRA & ORS. Respondent(s) WITH SLP(C) No. 1755/2019 (IX) (FOR ADMISSION and I.R. and IA No.9096/2019-EXEMPTION FROM FILING O.T.) SLP(C) No. 2981-2982/2019 (IX) (FOR ADMISSION and I.R. and IA No.8717/2019-CONDONATION OF DELAY IN FILING and IA No.8718/2019-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) SLP(C) No. 5935/2019 (IX) (FOR ADMISSION and I.R. and IA No.34878/2019-EXEMPTION FROM FILING O.T.) Date : 03-05-2019 This petition was called on for hearing today. For Petitioner(s) Mr. Shirish K. Deshpande, AOR Mr. Atul Babasaheb Dakh, AOR Mr. Rahul Chitnis, Adv. Mr. Aaditya A. Pande, Adv. Mr. Chander Shekhar Ashri, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The Ld. Advocate, Mr. Seshatalpa Sai Bandaru, appearing on behalf of Mr. Nishant R. Katneshwarkar, Advocate-on-record appears for the respondent – State of Maharashtra in all the matters. He seeks time to file vakalatnama and counter affidavit. Be filed within four weeks. SLP(C) No. 405/2019 Service is complete on respondent Nos.2 and 3 but none has entered appearance.

Item No.40 -2- SLP(C) No. 1755/2019 Service is complete on respondent Nos.2, 4, 5, 8 and 9 but none has entered appearance. Respondent No.6 has refused to accept notice, as such, service is deemed to be complete but none has entered appearance. Ld. Counsel for the petitioner to take fresh steps alongwith fresh and complete addresses of the unserved respondents within two weeks, as last opportunity. Dasti is requested, permitted in addition. SLP(C) No. 2981-2982/2019 Await service/track report in respect of respondent Nos.1 to 7. Application filed for directions be processed as per rules. SLP(C) No. 5935/2019 Service is complete on respondent Nos.3 and 4 but none has entered appearance. Ld. Counsel for the petitioner to take fresh steps for service of the unserved respondents within two weeks. Dasti is requested, permitted in addition. List again on 3.7.2019. ANIL LAXMAN PANSARE Registrar

ITEM NO.59 REGISTRAR COURT. 1 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR ANIL LAXMAN PANSARE Petition(s) for Special Leave to Appeal (C) No(s). 405/2019 BAYNABAI KATHALU PUNDGE Petitioner(s) VERSUS THE STATE OF MAHARASHTRA & ORS. Respondent(s) (show cause notice returnable on 08.03.2019 has been issued. ) WITH SLP(C) No. 1755/2019 (IX) (FOR ADMISSION and I.R. and IA No.9096/2019-EXEMPTION FROM FILING O.T.) SLP(C) No. 2981-2982/2019 (IX) (FOR ADMISSION and I.R. and IA No.8717/2019-CONDONATION OF DELAY IN FILING and IA No.8718/2019-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 08-03-2019 This petition was called on for hearing today. For Petitioner(s) Mr. Shirish K. Deshpande, AOR Mr. Atul Babasaheb Dakh, AOR Mr. Rahul Chitnis, Adv. Mr. Aaditya A. Pande, Adv. Mr. Chander Shekhar Ashri, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R SLP(C) No. 405/2019 Service is complete on respondent Nos.1 to 3 but none has entered appearance. SLP(C) No. 1755/2019 Service is complete on respondent No.3 but none has entered appearance.

Item No.59 -2- Ld. Counsel for the petitioner to take fresh steps for service of respondent Nos.1, 2 and 4 to 9 within two weeks. SLP(C) No. 2981-2982/2019 Ld. Counsel for the petitioner to take fresh steps for service of respondent Nos.1 to 7 within two weeks. List again on 3.5.2019. ANIL LAXMAN PANSARE Registrar

ITEM NO.27 COURT NO.1 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No.5935/2019 (Arising out of impugned final judgment and order dated 28-01-2019 in WP No. 11977/2016 passed by the High Court of Judicature at Bombay At Aurangabad) SANGEETA & ORS. Petitioner(s) VERSUS RAJKUMAR & ORS. Respondent(s) (With appln.(s) for interim relief and exemption from filing O.T.) Date : 05-03-2019 This petition was called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV KHANNA For Petitioner(s) Mr. Shirish K. Deshpande, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice. Tag with S.L.P.(C) No.405 of 2019. (Chetan Kumar) (Anand Prakash) A.R.-cum-P.S. Court Master

ITEM NO.23 COURT NO.1 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No.1755/2019 (Arising out of impugned final judgment and order dated 10-12-2018 in WP No. 2688/2017 passed by the High Court of Judicature at Bombay at Aurangabad) SATISH & ORS. Petitioner(s) VERSUS THE STATE OF MAHARASHTRA & ORS. Respondent(s) (With appln.(s) for interim relief and exemption from filing O.T.) Date : 28-01-2019 This petition was called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV KHANNA For Petitioner(s) Mr. Shirish K. Deshpande, AOR Mr. Mohit Gautam, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice. Tag with S.L.P.(C) No.405 of 2019. (Chetan Kumar) (Anand Prakash) A.R.-cum-P.S. Court Master

ITEM NO.25 COURT NO.1 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CIVIL) Diary No.1639/2019 (Arising out of impugned final judgment and order dated 05-10-2018 in WP No. 2200/2017 20-12-2018 in RP No. 164/2018 passed by the High Court of Judicature at Bombay) ANIL ANANT THAKUR & ANR. Petitioner(s) VERSUS THE ADDITIONAL COLLECTOR PALGHAR & ORS. Respondent(s) (With appln.(s) for interim relief, c/delay in filing SLP and exemption from filing c/c of the impugned judgment) Date : 25-01-2019 This petition was called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV KHANNA For Petitioner(s) Mr. Rahul Chitnis, Adv. Mr. Aniruddha Joshi, Adv. Mr. Aaditya A. Pande, Adv. Mr. Chander Shekhar Ashri, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay condoned. Issue notice. Tag with S.L.P.(C) No.405 of 2019. (Chetan Kumar) (Anand Prakash) A.R.-cum-P.S. Court Master

ITEM NO.32 COURT NO.1 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No.405/2019 (Arising out of impugned final judgment and order dated 10-12-2018 in WP No. 2883/2017 passed by the High Court of Judicature at Bombay At Aurangabad) BAYNABAI KATHALU PUNDGE Petitioner(s) VERSUS THE STATE OF MAHARASHTRA & ORS. Respondent(s) (With appln.(s) for interim relief, exemption from filing c/c of the impugned judgment and exemption from filing O.T.) Date : 18-01-2019 This petition was called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE L. NAGESWARA RAO HON'BLE MR. JUSTICE DINESH MAHESHWARI For Petitioner(s) Mr. Atul Babasaheb Dakh, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice on the special leave petition, as also on the prayer for interim relief, returnable within six weeks. Dasti, in addition, is permitted. (Chetan Kumar) (Anand Prakash) A.R.-cum-P.S. Court Master