Yashoda Nivrutti Barahale @ Yadhoda Prakash Yelleboinwad v. The State Of Maharashtra And Others

( 1 ) wp10192.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 10192 OF 2017 Yashoda Nivrutti Barahale ..

Petitioner

Versus

The State of Maharashtra & Ors.

..

Respondents Mr.P.V. Jadhavar, Advocate for the petitioner. Mr.P.S. Patil, A.G.P. for respondent/State.

CORAM : R.M. BORDE & S.M.GAVHANE,JJ.

DATED :

14.08.2017 P.C. :- 1.

The petitioner claims that she belongs to Koli Mahadev - Scheduled Tribe and has been elected as Councilor of respondent No.3-Municipal Corporation as against seat reserved for Scheduled Tribe category. The proposal for verification of the Tribe Certificate is stated to be pending with respondent No.2-Committee since February, 2017 and no decision is arrived at as yet. As a result of failure of the petitioner to submit validation certificate within prescribed period, notice has been issued by the Assistant Commissioner (Election) Pimpri Chinchwad Municipal Corporation on 31.07.2017 proposing to take action of disqualification against her on account of her failure to submit validation certificate.

( 2 ) wp10192.17 2.

In these circumstances, the writ petition can be disposed of by directing respondent No.2 - Committee to take decision on the Tribe Certificate Verification Proposal tendered by the petitioner with respondent No.2Committee as expeditiously as possible, preferably within six months from today and it is accordingly directed. 3.

In the meanwhile, in view of the order passed by the Hon'ble Apex Court in SLP No. 29874-29875 of 2016, respondent No.4 is directed not to take any adverse action against the petitioner until disposal of Tribe Certificate Verification Proposal pending with respondent No.2-Committee.

4.

With the directions as above, the writ petition stands disposed of.

[S.M.GAVHANE,J.] [R.M.BORDE,J.] /2017/ 17/ snk AUG wp10192.17