Bombay High Court
Chandrakant S/O Jagannath Chauke vs The Collector, Gadchiroli And ... on 30 August, 2016
Bench: V.A. Naik
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.5879/2015
PETITIONER: Chandrakant s/o Jagannath Chauke
Sarpanch, Grampanchayat, Kadholi
aged 35 years, Occupation : Cultivation,
r/o Kadholi, Tah. Kurkheda, Distt. Gadchiroli.
...VERSUS...
RESPONDENTS : 1. The Collector, Gadchiroli, Office at
Complex Area, Gadchiroli, Tah. and
District Gadchiroli.
2. Tahsildar, Kurkheda, Tahsil Office,
Kurkheda, Distt. Gadchiroli.
3. Block Development Officer,
Panchayat Samiti, Kurkheda, Tahsil
Kurkheda, Distt. Gadchiroli.
4. Secretary, Grampanchayat, Kadholi,
Office at Kadholi, Tah. Kurkheda,
Distt. Gadchiroli.
5. State of Maharashtra, through its
Secretary, Tribal Development Department,
Mantralaya, Mumbai - 32.
6. Scheduled Tribe Certificate Scrutiny
Committee, Gadchiroli, Nagpur through
its Chairman, Committee for Scheduled Tribe
Claims, Office at Near Zilla Parishad Sankool,
Complex Area, Gadchiroli, Tq. & Distt.
Gadchiroli.
7. State Election Commissioner, Maharashtra
Administrative Building in front of Mantralaya,
Madam Cama Road, Mumbai - 32.
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Shri Prashant Dhok, Advocate for petitioner
Shri V.P. Maldhure, AGP for respondent nos.1 to 3, 5 & 6
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CORAM : SMT. VASANTI A NAIK, AND
KUM. INDIRA JAIN, JJ.
DATE : 30.08.2016
ORAL JUDGMENT (PER : SMT. VASANTI A NAIK, J.)
Rule. Rule made returnable forthwith. The petition is heard
finally with the consent of the learned Counsel for the parties.
By this writ petition, the petitioner has sought a direction
against the Scrutiny Committee to decide the caste claim of the petitioner
within a time frame. The petitioner has sought a direction against the
Collector, Gadchiroli not to cancel the membership of the petitioner on
the Grampanchayat, Kadholi, for not producing the caste validity
certificate.
Shri Dhok, the learned Counsel for the petitioner states that
the caste claim of the petitioner is pending before the Scrutiny Committee
and it is not decided till date. It is stated that since the petitioner is not at
fault in not producing the caste validity certificate, the writ petition may
be allowed by directing the Scrutiny Committee to decide the caste claim
of the petitioner within a time frame and with a direction to the Collector
to protect the membership of the petitioner on the Grampanchayat. It is
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stated that similar orders are passed by this Court in several writ petitions
filed by the Sarpanchas, Upa-Sarpanchas and the members of the
Grampanchayat.
Shri Maldhure, the learned Assistant Government Pleader
appearing on behalf of the respondent nos.1 to 3, 5 and 6 states, on
instructions from the respondent no.6 - Scrutiny Committee, that the
caste claim of the petitioner is pending and the same would be decided as
early as possible.
Since the caste claim of the petitioner is pending and the
petitioner was not at fault in not producing the caste validity certificate,
we allow this writ petition. The Scrutiny Committee is directed to decide
the caste claim of the petitioner within fifteen months. The respondent
no.1 - Collector is restrained from cancelling the membership of the
petitioner on the Grampanchayat, till his caste claim is decided.
Rule is made absolute in the aforesaid terms with no order
as to costs.
JUDGE JUDGE
Wadkar
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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 : S.S. Wadkar, P.S. Uploaded on : 31/08/2016
