Tarachand S/O Shrawan Krushnaji Gokhale And Others v. S. T. Certificate Scrutiny Committee, Nagpur, Thr. The Vice Chairman And ANR.
2025:BHC-NAG:15095-DB 1 / 3 7 wp 8337.25.odt.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR WRIT PETITION NO. 8337 OF 2025 Shri Tarachand s/o Shrawan Krushnaji Gokhale and ors. Vs.
Scheduled Tribe Certificate Scrutiny Committee, Nagpur and another ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
---------------------------------------------------------------------------------------------- Mr. V.R.Deshpande, Advocate for the petitioner. Mr. S.B. Bissa, AGP for the respondent/State. CORAM : RAJ D. WAKODE, J.
DATE : 27.12.2025.
Heard Shri Ved Deshpande, learned counsel for the petitioner.
2.
This Court on 23.12.2025 has issued notice to the respondents for final disposal at admission stage, returnable on 19.01.2026.
3.
This Court has also directed to learned AGP to procure the record from the respondent Committee on the next date of hearing. Also this Court has granted leave to move in Christmas Vacation Court if need arises. 4.
In pursuance of the aforesaid leave granted by this Court on 23.12.2025 Shri Ved Deshpande, learned
2 / 3 7 wp 8337.25.odt. counsel for the petitioner has approached this Court by filing Civil Application No.3142/2025.
5.
Shri Ved Deshpande, learned counsel for the petitioner has submitted that impugned in the present petition is the common order passed by the respondent No.1-Scheduled Tribes Certificates Scrutiny Committee, Nagpur thereby invalidating caste claim of the petitioners towards Halba Scheduled Tribes. Shri Deshpande, learned counsel for the petitioners has pointed out that the petitioners in support of their caste claim has submitted at least 4 to 5 pre constitutional documents wherein the caste of the paternal relatives of the petitioners are recorded as "Halba". Also he has submitted that the petitioners have explained the contra entries found against them and their challenged is pending on merits before this Court.
6.
However, during the pendency of the present petition the Election programe for the ensuing Elections of Municipal Corporation of Nagpur has been published and the petitioner No.1 and petitioner No.3 intend to contest elections for the post of Corporator of Municipal Corporation, Nagpur from the reserved category. Petitioner No.1 intends to contest the election from Zone No.7 Sataranjipura, 5-B reserved for Scheduled Tribe where the petitioner No.3 is intending to contest election from same Zone No.7 Sataranjipura 20B reserved for ST Female. However, because of invalidation order passed
3 / 3 7 wp 8337.25.odt. by respondent No.1-Committee, they will be deprived of their chance to contest the aforesaid election and hence the present application for grant of stay to the effect and operation of the impugned order dated 26.03.2025. 7.
For the reasons stated above, I am inclined to allow the present application and hence, accordingly the present order:- 8.
Civil Application No.3142/2025 is partly allowed.
9.
The effect and operation of the impugned order dated 26.03.2025 passed by the respondent No.1Scheduled Tribe Certificate Scrutiny Committee, Nagpur is hereby stayed with respect of petitioner No.1 and petitioner No.3 only.
10.
In view of the submissions of Shri S.B. Bissa, learned AGP appearing for respondent No.1-Scheduled Tribe Caste Certificate Committee/respondent No.2 -State of Maharashtra the aforesaid stay to the effect and operation of the impugned order dated 26.03.2025 will be for the purpose of ensuing election.
11.
Order accordingly.
( RAJ D. WAKODE, J.) manisha