Kesheorao Krishnarao Bokade vs The Scheduled Tribe Cer. Scrutiny ...
2017 Latest Caselaw 4676 Bom

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

                          WRIT PETITION NO. 4675 OF 2002

            Keshaorao Krishnarao Bokade,
            aged 53 years, Corporator elected 
            from electoral College/Division 18A,
            R/o. New Mangalwari, Binakhi Power
            House Mehandibag Road, Nagpur-17.  ......                        PETITIONER

                                 ...VERSUS...

 1.         Scheduled Tribes Caste Certificate
            Scrutiny Committee, Adivasi Vikas
            Bhavan, Giripeth, Nagpur.

 2.         State of Maharashtra,
            Through Tribal Welfare Department, 
            Mantralaya, Mumbai-32.

 3.         State of Maharashtra,
            Through Urban Welfare Department, 
            Mantralaya, Mumbai-32

 4.         State Election Commissioner,
            Administrative Building, Opp. 
            Mantralaya, Mumbai.

 5.         Commissioner, Municipal Corporation,
            Nagpur.

 6.         Nagpur Municipal Corporation,
            through its Secretary.

 7.      The Returning officer for the
         Election to Electoral Division NO. 18A
         of Nagpur Municipal Corporation.
         Nagpur                                                        RESPONDENTS
 -------------------------------------------------------------------------------------------
 None for Petitioner.
 Shri V.P.Maldhure, Asstt.. Govt. Pleader for Respondents 1 to 4
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                           CORAM: R. K. DESHPANDE, AND
                                     Mrs. SWAPNA JOSHI, JJ.

th DATE : 18 JULY, 2017 .

ORAL JUDGMENT (Per DESHPANDE, J)

1] The challenge in this petition is to the order

dated 18.11.2002 passed by the Scheduled Tribe Certificate

Scrutiny Committee, Nagpur, invalidating the claim of the

petitioner for Halba - Scheduled Tribe category.

2] None appears for the petitioner. Heard the

learned Assistant Government Pleader for Respondents.

3] We have gone through the order passed by the

Committee with the assistance of the learned Assistant

Government Pleader. We do not find even a single

document pertaining to the period prior to 1950 having

probative value showing that the petitioner or his blood

relatives belong to Halba - Scheduled Tribe category.

4] The petitioner has filed about 32 documents on

record of the Committee. In most of the documents, the

caste is not mentioned. In some of the documents it is

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mentioned as 'Halba", whereas, in some of the documents, it

is mentioned as "Koshti'. The document in which the caste

'Koshti' is recorded is of 04.07.1955 and it is the School

Leaving Certificate extract in the name of the candidate.

The Committee has applied affinity test to reject the

documents. The Committee also considered the document

at Sr.No.18 which is the validity certificate in the name of one

Lata Bhayyaji Bokade and it is held that the petitioner has

failed to establish his relationship with her. All other

documents are of post independent era and the Committee

appears to have taken a possible view of the matter to reject

the claim for Halba - Scheduled Tribe.

We do not find any perversity in recording such

finding by the Committee. The writ petition is dismissed. No

order as to costs.

                                   JUDGE                          JUDGE
 Rvjalit