Kishan Ramchandra Mule v. The State Of Maharashtra And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 201 OF 2019 Kishan Ramchandra Mule Age Major, Occu.Grampanchayat Member, R/o Tondchir, Ta.Udgir, Dist. Latur.

..PETITIONER

VERSUS

1.

The State of Maharashtra Through its Secretary, Rural Development Department, Mantralaya, Mumbai.

2.

The District Collector, Latur, Collector Office, Latur 3.

The Sub-Divisional Officer, Udgir Sub-Divisional Officer, Udgir Dist. Latur 4.

The Tahasildar, Udgir Tahasil Office, Udgir Dist. Latur 5.

The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad, Through its Chairman.

..RESPONDENTS Mr D. S. Kudle, Advocate for petitioner;

Ms R. P. Gour, A.G.P. for respondent/State CORAM : PRASANNA B. VARALE AND S. M. GAVHANE, JJ.

DATE : 5th FEBRUARY, 2019 ORAL ORDER:

Heard learned Counsel appearing for the petitioner.

(2) 2.

Learned Counsel for the petitioner, on instructions, submitted before us that though the petition is filed with prayer clauses (B) and (C), namely, a challenge to the notice dated 13th December, 2018 issued to the petitioner and directions to respondent No.5 - Committee to decide the proposal, the petitioner is pressing prayer clause (C) only. 3.

In view of the statement of learned Counsel for the petitioner made before us, on instructions, we see no impediment to dispose of the petition, with directions.

4.

The facts are not in dispute, namely, the petitioner was elected as a member of Grampanchayat, Tondchir, Taluka Udgir, District Latur in the elections scheduled in the year 2017 as a candidate belonging to reserved category. The petitioner's caste certificate was referred to the respondent No.5 - Scrutiny Committee for validation. Copy of the endorsement of the Committee receiving the proposal is placed on record at Exhibit-B.

5.

As the limited grievance is about the pendency of the claim before respondent No.5 - Committee and as the directions are sought to decide the claim expeditiously, the petition is disposed of, with directions to respondent No.5 - The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad to decide the claim of the petitioner

(3) pending before it as expeditiously as possible and not later than sixteen (16) weeks from the date of this order.

6.

With these directions, the petition is disposed of. (S. M. GAVHANE, J.) (PRASANNA B. VARALE, J.) TUPE