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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
Writ Petition No.728 of 2008
Sou. Mayadevi w/o Shyamlal Lodh,
Aged about 36 years,
Occupation - Chairman of Balapur
Panchayat Samiti,
R/o Wadegaon,
Tq. Balapur, District Akola. ... Petitioner
Versus
1. State of Maharashtra,
through its Secretary,
Department of Tribal Welfare,
Mantralaya,
Mumbai-400 032.
2. Divisional Caste Certificate Scrutiny
Committee (For Scheduled Castes/
Vimukta Jati Nomadic Tribes/
Other Backward Classes/Special
Backward Categories),
Amravati Division,
Amravati.
3. Collector, Akola.
4. Chief Executive Officer,
Zilla Parishad,
Akola. ... Respondents
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None for Petitioner.
Ms Geeta Tiwari, Assistant Government Pleader for Respondent
Nos.1 to 3.
Coram : R.K. Deshpande & Mrs. Swapna Joshi, JJ.
st Dated : 1 August, 2017 Oral Judgment (Per R.K. Deshpande, J.) :
1. The petitioner was elected for the post of Chairman, Panchayat Samiti, which was reserved for a woman candidate belonging to OBC/ VJNT category. The petitioner claimed that she belongs to 'Ahir', Vimukta Jati category. The caste claim of the petitioner was scrutinized by the Divisional Caste Scrutiny Committee, Amravati and the certificate produced by the petitioner, issued by the Tahsil Office on 25-8-1993, has been held to be invalid. Hence, the petitioner has filed this petition challenging the order of the Scrutiny Committee.
2. The petitioner was elected sometime in the year 2006 and her tenure in the office has expired. Only two documents were produced by the petitioner before the Scrutiny Committee - ::: Uploaded on - 02/08/2017 ::: Downloaded on - 06/08/2017 00:28:47 ::: 3
wp728.08.odt one was school leaving certificate in the name of the petitioner, in which the caste was shown as 'Rajput', and another was the school leaving certificate in the name of the father of the petitioner showing the caste as 'Ahir'. The Committee has examined the documents and taken a possible view of the matter that the petitioner has failed to establish the caste claim for 'Ahir', Vimukta Jati category. We do not find any perversity in recording such findings.
3. In the result, the petition is dismissed. Rule stands discharged. No order as to costs.
JUDGE. JUDGE.
Lanjewar
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