Maroti Bandu Rekulwar v. The State Of Maharashtra And Others

1 wp 3195.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3195 OF 2017 Maroti Bandu Rekulwar .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Sunil M. Vibhute, Advocate for the Petitioner. Shri P. S. Patil, Addl.G.P. for Respondent Nos. 1 to 3. CORAM : S. V. GANGAPURWALA AND K. L. WADANE, JJ.

DATE : 09TH MARCH, 2017.

PER COURT :

.

Mr. Vibhute, the learned counsel for the petitioner submits that, the petitioner was issued with the tribe certificate of 'Mannerwarlu' (Scheduled Tribe). The petitioner got elected as a member of Panchayat Samiti, Mahur, however, the Committee on 20.01.2017 has cancelled the said certificate on the ground that spelling of Mannervarlu is incorrectly written on the certificate and has directed to obtain the correct tribe certificate. 2.

The learned counsel further submits that, the election for the post of Chairman of the Panchayat Samiti is scheduled on 14.03.2017. The petitioner is only candidate from the said category.

2 wp 3195.17 3.

We have heard the learned Additional Government Pleader for respondents.

4.

Considering the fact that, election of the Chairman of Panchayat Samiti Mahur is scheduled on 14.03.2017, it would not be appropriate to pass any order with regard to election. Considering exigency in the matter, we pass following order. 5.

The respondent No. 3 shall issue the tribe certificate with the correct spelling that is "Mannervarlu" (S.T.) to the petitioner by tomorrow i. e. on 10.03.2017. The petitioner may take further steps accordingly. On getting correct tribe certificate, the Committee shall accept the proposal from the petitioner seeking validity to the said tribe certificate immediately. The writ petition accordingly is disposed of. No costs. 6.

Parties to act on authenticate copy.

[ K. L. WADANE, J. ] [ S. V. GANGAPURWALA, J. ] bsb/March 17