Murlidhar Ramrao Shendre vs The State Of Mah. Thr. Its Secty., ...
2017 Latest Caselaw 4666 Bom

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                 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 .

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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