Smt Ushatai Ishwar Kolhe Nagpur vs State Of Mah & Ohters
2017 Latest Caselaw 4693 Bom

                                                  1              wp3529.04.odt

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

                          WRIT PETITION NO. 3529 OF 2004

            Smt. Ushatai Ishwar Kolhe,
            aged about 39 years, Occ. Councilor,
            R/o. At & Post Khapa, Ward No.5,
            Tah. Saoner, Distt. Nagpur                            .  ......PETITIONER

                                 ...VERSUS...

 1.         State of Maharashtra,
            Through Secretary, Tribal Development
            Department, Mantralaya, Mumbai-32.

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

 3.         The Collector,
            Office of the Collector,
            Civil Lines, Nagpur.

 4.         State Election Commissioner,
            1st Floor, Admn Building, Opp. 
            Mantralaya, Govt. of Maharashtra
            Mumbai.

 5.      Smt. Mayadevi Ankushrao Parteti,
         aged 40 years, Occ. Social Worker,
         R/o. Ward No. 11, Tah. Saoner,
         Distt. Nagpur                                                 RESPONDENTS
 -------------------------------------------------------------------------------------------
 None for Petitioner.
 Shri V.P.Maldhure, Asstt.. Govt. Pleader for Respondents 1 to 4
 -------------------------------------------------------------------------------------------

                           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 claim for Halba - Scheduled Tribe category

made by the petitioner before the Scheduled Tribe Caste

Certificate Scrutiny Committee, Nagpur, was rejected by an

order dated 26.07.2004, which is the subject matter of

challenge in this petition. The petitioner contested the

election against the seat reserved for Scheduled Tribe

category.

2] None appears for the petitioner. With the

assistance of the learned Assistant Government Pleader, we

have gone through the order passed by the Scrutiny

Committee. We find that except two documents of 1989 and

1970, no other documents are placed on record to establish

the claim for Halba - Scheduled Tribe category. The Police

Vigilance Cell submitted its report on 29.11.2003 and it is

found that the caste of the candidate is recorded as 'Koshti

(Halba) in the Primary School Leaving Certificate. The

Committee has relied upon the affinity test, which the

petitioner has failed to satisfy. The view taken by the

Committee appears to be a possible view of the matter,

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which does not give rise to any substantial question. The writ

petition is dismissed. No order as to costs.

                                   JUDGE                   JUDGE
 Rvjalit