Raju Dinkar Koli v. The State Of Maharashtra And Another

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 11228 OF 2017 Raju Dinkar Koli .. Petitioner

Versus

The State of Maharashtra and another .. Respondents Shri Pratap V. Jadhavar, Advocate for the Petitioner. Shri S. B. Pulkundwar, A. G. P. for the Respondents. CORAM : S. V. GANGAPURWALA & MANGESH S. PATIL, JJ.

DATE : 14 th September, 2017 PER COURT :

1.

Issue notice to respondents. Learned A.G.P. waives notice for respondents.

2.

It is submitted that the proposal seeking verification of the tribe claim of the petitioner as belonging to 'Tokare Koli' scheduled tribe was referred to the committee, as the petitioner at the relevant time was contesting the election. Now, the committee has returned back the said proposal on the ground that the election is over and the petitioner may submit a fresh proposal with documents.

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We have also heard the learned A.G.P.

4.

The committee ought to have decided the verification of the tribe claim of the petitioner. Only because the election is over and the petitioner is not an elected candidate, that would not be sufficient to return the proposal.

5.

In light of the above, impugned order is quashed and set aside. The committee shall decide the proposal already referred to it on its own merits, in accordance with law, after hearing the petitioner expeditiously.

6.

The writ petition is disposed of. No costs.

[MANGESH S. PATIL, J. ] [S. V. GANGAPURWALA, J. ] marathe/sep.17