Sanjay Brijmohansingh Chavan vs The State Of Mah & Othes
2017 Latest Caselaw 5164 Bom

                                                                                                   wp.5612.04

                                                        1



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

                              WRIT PETITION NO. 5612/2004 

*        Sanjay  Brijmohansingh Chavan 
         Aged about 29 years,  occu: Municipal Councillor
         R/o Ward No. 5, Hinghanghat, Dist.Wardha.        ..PETITIONER

                        VERSUS

1)       The State of Maharashtra
         Through its  Secretary 
         Tribal Welfare  Department, 
         Mantralaya, Mumbai -400032

2)       The  Scheduled Tribes Caste Certificate 
         Scrutiny Committee, Nagpur 
         Through its Vice-chairman and Additional 
         Commissioner, Tribal Development 
         Nagpur. 

3)       The Municipal Council, Hinghanghat
         Through  Chief Executive officer, 
         Hinganghat. 

4)       the Collector 
         Wardha. 

5)       The Executive magistrate
         Hinganghat Dist.Wardha
         (petition dismissed against R-5
         as per Court's order dated 14.11.2006)                      ..RESPONDENTS
                                                                                  . 

...................................................................................................................
 Ms.Akshaya Kshirsagar Adv.h/for Mr Anil S. Mardikar, Adv.for petitioner
   Mr.V.P Maldhure,  Assist Government Pleader for respondents 1,2 & 4 
----------------------------------------------------------------------------------------------------




      ::: Uploaded on - 29/07/2017                                         ::: Downloaded on - 08/08/2017 01:49:53 :::
                                                                                   wp.5612.04

                                              2



                                        CORAM :  R.K. DESHPANDE &
                                                         MRS.SWAPNA JOSHI, JJ.

                                        DATED :    27       th
                                                               July, 2017
                                                                         

ORAL JUDGMENT:  (Per R.K.DESHPANDE, J.)

Heard the learned counsel appearing for the parties. Perused the

order passed by the Scrutiny Committee and th documents placed on record.

2. The claim of the petitioner was for 'Thakur' Scheduled Tribe

category, which is an entry at Sr.No. 44 in the Constitution (Scheduled Tribe)

Order, 1950 in relation to the State of Maharashtra, The petitioner contested

the election on a seat reserved for Scheduled Tribe candidates in the year 2002

and he was an elected councillor. The caste claim forwarded to the Scrutiny

Committee has been invalidated by an order dated 1.11.2004 which is the

subject-matter of challenge in this petition.

3. After going through the order impugned, it is apparent that not

even a single document prior to the year 1950 having probative value in

support of the claim for 'Thakur' Scheduled Tribe was placed before the

Committee. On the contrary, the documents produced in which entries were

made post 1950 in relation to the blood relatives of the petitioner indicate

different castes as 'Khatri' 'Kshatriya' . The Committee has applied affinity

test and recorded the finding that the petitioner has failed to establish the

wp.5612.04

claim. We do not find any perversity in recording such a finding.

4. The Writ Petition is dismissed. The respondents shall be at liberty

to invoke the provisions of Section 10 of the Maharashtra Act No. XXIII of

2001.

                         JUDGE                           JUDGE

sahare