Kishor Eknath Aamle v. The Collector, Buldhana And Others

1 wp5728.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.5728 OF 2016 [Kishor Eknath Aamle .vs. The Collector, Buldana and others] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P.S. Kshirsagar, counsel for the petitioner, Shri A.A. Madiwale, AGP for the respondents.

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CORAM : SMT. VASANTI A NAIK AND MRS. SWAPNA JOSHI, JJ.

DATED : NOVEMBER 28, 2016.

By this writ petition, the petitioner seeks a direction against the respondent-Scrutiny Committee to decide the caste claim of the petitioner within a time frame. The petitioner also challenges the order of the Collector disqualifying the petitioner from the membership of the Grampanchayat for not submitting the caste validity certificate.

Shri Madiwale, the learned Assistant Government Pleader appearing for the Scrutiny Committee states, on instructions, that the caste claim of the petitioner is pending before the Scrutiny Committee and the same would be decided as early as possible. It is clear from the statement made by the learned Assistant Government Pleader that the caste claim of the petitioner is pending for verification and the petitioner is not at fault in not producing the caste validity certificate. Hence, we partly allow the writ petition and direct the Scrutiny Committee to decide the caste claim of the petitioner within fifteen months. The membership of the petitioner on the Grampanchayat is protected, till his caste claim is decided. Order accordingly. No costs.

JUDGE JUDGE Gulande, PA