Shakuntalabai Maroti Bonlewad Alias Shkuntala Vinayak Kolamwad v. The State Of Maharashtra And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.1329 OF 2019 Shakuntakalabai d/o Maroti Bonlewad @ Shakuntala w/o Vinayak Kolamwad, Age: 40 years, Occ: Household and Z.P. Member, R/o. At post Om Sai Plaza, Barali, Naga, Mukhed, Tq. Mukhed, Dist. Nanded.

..PETITIONER

VERSUS

1.

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

2.

Joint Director and Member, Scheduled Tribe Certificate Verification Committee, Aurangabad, Dist. Aurangabad.

3.

The District Collector, Nanded, Tq. & Dist. Nanded.

4.

Chief Executive Officer, Zilla Parishad, Nanded, Tq. & Dist. Nanded.

..RESPONDENTS Mr Chandrakant R. Thorat, Advocate for petitioner; Mr V.S. Badakh, A.G.P. for respondent/State CORAM : PRASANNA B. VARALE AND S.M.GAVHANE, JJ.

DATE : 30th JANUARY, 2019

(2) ORAL ORDER :

Heard learned Counsel appearing for the petitioner.

2.

At the outset, learned Counsel for the petitioner submitted that the petitioner is not pressing prayer clause (B) and is only praying for directions in the nature of prayer clause (A). 3.

It is submitted that the petitioner belongs to 'Mannervarlu', scheduled tribe and caste certificate is issued in favour of the petitioner by Sub Divisional Officer, Degloor, District Nanded on 2nd December, 2016. The petitioner was desirous of contesting election in the year 2017 for Zilla Parishad, Panchayat Samiti and accordingly, submitted her candidature. The petitioner was elected. The claim of the petitioner was forwarded for validation to the Scrutiny Committee through Tahsildar, Mukhed on 19th January, 2017. The petitioner also received communication through the committee dated 23rd January, 2017 informing that

(3) the claim is received by the committee and is recorded in the computer data of the committee. 4.

Learned Counsel for the petitioner submitted that affidavit is also submitted to the committee along with family tree of the petitioner. The copy of affidavit is placed on record at Exhibit-H. He then submits that the petitioner is desirous of early decision of her claim, which is pending before the committee for a considerable long time, by the committee.

5.

In view of submission of learned Counsel for the petitioner, the petition is disposed of at admission stage, with directions to respondent No.2 - Committee to decide the tribe claim of the petitioner, as expeditiously as possible and not later than twelve (12) weeks from the date of this order.

( S.M.GAVHANE ) (PRASANNA B. VARALE) JUDGE JUDGE Tupe