Rakesh Rameshkumar Bhadre vs The Divn. Caste Certificate Comm. ...
2017 Latest Caselaw 5385 Bom

                                1
                                                          wp6152.06.odt

   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             NAGPUR BENCH, NAGPUR

                   Writ Petition No.6152 of 2006

  Rakesh s/o Rameshkumar Bhadre,
  Aged 31 years,
  R/o Kasturba Gandhi Ward,
  Bhandara.                                        ... Petitioner


       Versus


  1. The Divisional Caste Certificate
     Validation Committee, Nagpur
     Division, Nagpur.

  2. The Collector, Bhandara.

  3. The State of Maharashtra,
     through Secretary, 
     General Administration
     Department, Mumbai.

  4. The State Election Commission,
     Maharashtra State, Mantralaya,
     Mumbai-32.                                    ...  Respondents


  Shri H.S. Chauhan, Advocate for Petitioner.
  Shri N.S. Rao, Advocate for Respondent Nos.1 to 3.


                Coram : R.K. Deshpande & Mrs. Swapna Joshi, JJ.

st Dated : 1 August, 2017

wp6152.06.odt

Oral Judgment (Per R.K. Deshpande, J.) :

1. The matter was listed before this Court on 18-7-2017

and the learned counsel for the petitioner was given time to take

instructions from his client. He submits that there is a letter

written to his client, but there are no instructions.

2. We have gone through the communication

dated10-10-2006 issued by the Divisional Social Welfare Officer

informing that the caste claim of the petitioner for 'Teli', Other

Backward Class category, cannot be examined, as the petitioner

is a migrant. The caste certificate of the father of the petitioner

was issued on 14-10-1999 by the Naib-Tahsildar at Baitul in the

State of Madhya Pradesh, whereas the caste certificate

dated 2-2-1996, produced by the petitioner, has been issued by

the Executive Magistrate, Bhandara. We are unable to

understand the basis on which such certificate was issued to the

petitioner. Apparently, the father of the petitioner was not

resident of the State of Maharashtra prior to 13-10-1967, and

hence he is not entitled to any benefit of Other Backward Class

wp6152.06.odt

category in the State of Maharashtra. The claim was made for

the purposes of contesting the election. The period has also

expired. We do not find any substance in this petition.

3. Hence, the petition is dismissed. Rule stands

discharged. No order as to costs.

                             JUDGE.                                   JUDGE.

   Lanjewar