1 wp1653.10.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 1653 OF 2010
Murlidhar Ramrao Shendre,
aged about 44 years,
Occ. Agriculturist, R/o. Virshi,
Tq. Bhatkuli, Distt. Amravati ...... PETITIONER
...VERSUS...
1. The State of Maharashtra,
through its Secretary,
Tribal Development Department
Mantralaya, Mumbai-400 032.
2. The Scheduled Tribe Certificate
Scrutiny Committee, Amravati
Division, Irvin Chowk, Amravati
3. Collector, Amravati.
4. Tahsildar, Bhatkul,
Distt. Amravati.
5. Executive Magistrate,
Bhatkuli, Distt. Amravati.
6. Nilesh Ashkrao Buche,
aged about 27 years, Occ. Agriculturist,
R/o. Virshi, Tq. Bhatkuli,
Distt. Amravati ...... RESPONDENTS
-------------------------------------------------------------------------------------------
Ms. Akshata Pathak, Advocate h/f Shri Anil Mardikar, Senior Advocate
for Petitioner.
Ms. Geeta Tiwari, Asstt. Govt. Pleader for R-1 to 5
-------------------------------------------------------------------------------------------
CORAM: R. K. DESHPANDE, AND
Mrs. SWAPNA JOSHI, JJ.
th DATE : 18 JULY, 2017 .
::: Uploaded on - 19/07/2017 ::: Downloaded on - 20/07/2017 00:24:21 :::
2 wp1653.10.odt ORAL JUDGMENT (Per DESHPANDE, J) 1] The petitioner contested the election of Gram Panchayat against the seat reserved for Scheduled Tribe category. The petitioner claimed on the basis of caste certificate dated 22.04.1983 that he belongs to 'Koli - Mahadev', which is a scheduled tribe. The Committee has invalidated the said claim by an order dated 31.12.2009 and hence, this petition.
2] We have gone through the order of the Scrutiny Committee. In all most all the documents produced before the Committee, the caste of the petitioner is shown as 'Koli'. There are hardly any document to show that the caste of the petitioner is 'Koli-Mahadev', which is an entry at Sr.No.29 in the Constitution (Scheduled Tribes) Order, 1950. The Committee has applied the affinity test and rejected the claim.
3] We do not find any perversity in recording the findings by the Scrutiny Committee. The writ petition is dismissed.
JUDGE JUDGE
Rvjalit
::: Uploaded on - 19/07/2017 ::: Downloaded on - 20/07/2017 00:24:21 :::