Subhash Krushnarao Khartadkar vs The Member/Secretary S.T. Caste ...
2021 Latest Caselaw 15579 Bom

 Judgment                                1                       W.P. No.4320.2021.odt


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

                          WRIT PETITION NO. 4320 OF 2021

          Subhash Krushnarao Khartadkar,
          Aged about 60 years,
          Occu. - Retired teacher,
          R/o. Sirso, Po. Sirso, Murtizapur,
          Tq. Murtizapur, Dist. Amravati.                .... PETITIONER

                                   // VERSUS //

       The Member/Secretary,
       Scheduled Tribe Caste Scrutiny
       Committee, Amravati Division,
       Amravati.                             .... RESPONDENT
  ______________________________________________________________
      Shri A. J. Gilda, Advocate for petitioner.
      Shri A. M. Kadukar, A.G.P. for respondent.
 ______________________________________________________________

                           CORAM : SUNIL B. SHUKRE AND
                                   ANIL L. PANSARE, JJ.

DATED : 28.10.2021

ORAL JUDGMENT : (Per Sunil B. Shukre, J.)

1. Heard Shri Gilda, learned counsel for the petitioner and

Shri Kadukar, learned A.G.P. who appears by waiving notice for

respondent.

2. Rule. Rule made returnable forthwith. Heard finally by

consent of the learned counsel appearing for the parties.

3. The petitioner is a member of the Gram Panchayat, who

was elected on 18th January 2021. At the time of submission of his

Judgment 2 W.P. No.4320.2021.odt

nomination form, the petitioner had submitted his application for

scrutiny of his social status and acknowledgment of receipt of the same

was also issued to him on 21 st December, 2020. Under the provisions of

law as contained in Section 10-1A of the Maharashtra Village

Panchayats Act, 1959, an elected Member is required to submit a

validity certificate within a period of 12 months from the date on which

he is declared elected. Such being the requirement of law, we are of the

view that the Scrutiny Committee must also respond appropriately to

the requirement of law and accordingly, we are of the further view that

this is a fit case wherein necessary directions can be issued to the

respondent-Committee.

4. Accordingly, we allow the petition and direct the

respondent-Committee to decide the Tribe claim of the petitioner

within a period of two months from the date of appearance of the

petitioner before the Committee.

5. The petitioner is directed to appear before the Committee

on 01st November, 2021.

Rule accordingly.

(ANIL L. PANSARE, J.) (SUNIL B. SHUKRE J.)

Kirtak