Bombay High Court
Sau. Mamta W/O Devidas Choudhari vs The Collector, Chandrapur And ... on 8 August, 2016
Bench: V.A. Naik
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 4208 OF 2016
PETITIONER:- Sau. Mamta W/o Devidas Choudhari, Aged
about 26 years, Occ-Sarpanch, Gram
Panchayat Mahalgaon (Khurd), R/o
Mahalgaon (Khurd), Tahsil-Warora, District-
Chandrapur.
...VERSUS...
RESPONDENTS :-
ig 1) The Collector, Chandrapur.
2) The Scheduled Tribe Caste Certificate
Scrutiny Committee, Nagpur.
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Mr. Rohit Joshi, counsel for the petitioner.
Mr. D.P.Thakare, Addl. Govt.Pleader for the respondents.
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CORAM : SMT. VASANTI A NAIK &
MRS.SWAPNA JOSHI, JJ.
DATED : 08.08.2016
O R A L J U D G M E N T (Per Smt.Vasanti A Naik, J.)
Rule. Rule made returnable forthwith. The writ petition is
heard finally with the consent of the learned counsel for the parties.
2. By this petition, the petitioner seeks a direction against the
Scrutiny Committee for a decision on the caste claim of the petitioner
within a time frame. The petitioner challenges the notice issued by the
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Collector, Chandrapur asking the petitioner to produce the caste validity
certificate within seven days or else, the petitioner would be
disqualified as being the Member of the Gram Panchayat.
3. The petitioner was elected as a Member of the Gram
Panchayat on a seat reserved for the Scheduled Tribes. The caste claim
of the petitioner was referred by the Tahsildar to the Scrutiny
Committee for verification. It is the case of the petitioner that though
the petitioner is not at fault in not producing the caste validity
certificate, in view of the pendency of the caste claim, the respondent-
Collector has issued the communication asking the petitioner to produce
the caste validity certificate within seven days or else his membership
on the Gram Panchayat would be cancelled.
4. Shri D. P. Thakare, the learned Additional Government
Pleader appearing for the Scrutiny Committee, states on instructions
that the caste claim of the petitioner is pending before the Scrutiny
Committee and the same would be decided as early as possible.
5. In view of the statement made by the learned Additional
Government Pleader, we dispose of the writ petition with a direction to
the respondent-Scrutiny Committee to decide the caste claim of the
petitioner within one year from the date of appearance of the petitioner
before the Scrutiny Committee. The petitioner undertakes to appear
before the Scrutiny Committee on 22.08.2016. Since the petitioner
was not at fault in not producing the caste validity certificate, the
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impugned notice is quashed and set aside. The respondent-Collector
should not take any action against the petitioner for disqualification
solely on the ground that the petitioner has not tendered the caste
validity certificate, till her caste claim is decided. Rule is made absolute
in the aforesaid terms with no order as to costs.
JUDGE JUDGE
KHUNTE
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C E R T I F I C A T E
I certify that this Judgment uploaded is a true and correct copy of
original signed Judgment.
Uploaded by : G.S.Khunte, Uploaded on : 11/08/2016
P.A.to Hon'ble Judge
