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2017 Supreme(Bom) 368

B.P.DHARMADHIKARI, SWAPNA JOSHI
Sanjay Bhaskar Raimulkar – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. C.S. Kaptan, senior counsel with Mr. A.M. Ghare, Adv.
For the Respondent:Mrs. B.H.Dangre, Govt. Pleader with Mr. A.A.Madiwale, A.G.P, Mr.P. S.Wathore, Advocate, Mr.S.R. Narnaware, Advocate

JUDGMENT:

SWAPNA JOSHI, J.

1. By this petition, the petitioner has challenged the order passed by respondent no.2Scrutiny Committee, Akola, Amravati Division, dated 19.01.2016, invalidating caste claim of petitioner as belonging to ‘Balai’(Scheduled Caste).In fact, the petitioner as well as the respondents based their arguments upon the order which stipulates the date as 31.12.2015.

2. The Competent Authority issued the caste certificate of the petitioner in the year 2006 as ‘Balai’ (Scheduled Caste). Mehkar (Dist. Buldana) Legislative Constituency seat was served for Scheduled Caste category. The petitioner was elected to Maharashtra Legislative Assembly from Mehkar constituency in the year 2009. In the year 2014, he again contested the election of Member of Legislative Assembly against the seat reserved for S.C. candidate and was elected. The respondent no.5 filed a complaint with the Scrutiny Committee about the caste of the petitioner. On the basis of the said complaint, verification process of the caste was initiated. On 31.12.2015 out of three members, two members of the Scrutiny Committee invalidated the caste claim of the petitioner; whereas the third member of the Committee p











































































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