PUSHPA LAXMAN PATHRABE Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2007-7-19
HIGH COURT OF BOMBAY
Decided on July 06,2007

PUSHPA, LAXMAN PATHRABE Appellant
VERSUS
STATE OF MAHARASHTRA Respondents


Referred Judgements :-

KU.MADHURI PATIL VS. ADDITIONAL COMMISSIONER,TRIBAL DEVELOPMENT [REFERRED TO]



Cited Judgements :-

RAJKUMAR DEEPCHAND MULCHANDANI VS. STATE OF MAHARASHTRA [LAWS(BOM)-2008-6-133] [REFERRED TO]
JAIMALA JAGESHWAR BARAPATRE VS. UNION OF INDIA [LAWS(BOM)-2007-10-57] [REFERRED TO]


JUDGEMENT

- (1.)PETITIONERS in all these petitions are Corporations elected to the municipal Corporation of Nagpur from the constituencies reserved for Scheduled Tribe. They all claimed to belong to "halba" Scheduled tribe". While contesting the elections they had not obtained their caste validity certificates. They applied to the Caste Scrutiny Committee under the Maharashtra Scheduled Castes, scheduled Tribes, De-notified Tribes (Vimukta jatis), Nomadic Tribes, Other Backward classes and Special Backward Category (Regulation of Issuance and Verification of)Caste Certificate Act, 2000 (hereinafter referred to as "caste Certificate Act") for scrutiny of their caste claims. The Committee, by its impugned orders dated 13th June, 2007, invalidated the claim of the petitioners in each of these petitions to belong to Halba Scheduled tribe. As a consequence, respondent No. 3 municipal Commissioner, Nagpur unseated them by his communication dated 16th June, 2007. Aggrieved by the decision of Caste scrutiny Committee, the petitioners have approached this Court by present petitions.
(2.)NOTICES were issued to the respondents. By consent of the parties the petitions were taken up for final hearing by making Rule returnable forthwith.
(3.)ANOTHER Corporator Shri. Deorao ganpatrao Umredkar, who was elected as mayor of Nagpur as the post was reserved for scheduled Tribe, and who too claimed to belong to Halba Scheduled Tribe, was likewise unseated by order dated 16th June, 2007 as a sequel to invalidation of his caste claim by Scrutiny committee on 13th June, 2007. He too approached this Court by filing Writ Petition no. 2576 of 2007 against the decision of the scrutiny Committee, which was dismissed by this Court by judgment dated 6th July, 2007.


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