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2022 Supreme(Bom) 2039

R. D. DHANUKA, S. G. MEHARE
Latabai – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
Mr. R. N. Dhorde, Mr. V. R. Dhorde, Mr. Vasant Bholankar and, Mr. P. S. Dighe, for the Appellant; Mr. D. R. Kale, Mr. V. D. Sapkal, Mr. Y. B. Bolkar, Mr. V. D. Gunale, for the Respondent.

JUDGMENT

S.G. Mehare, J. - Rule. Learned Government Pleader waives service of notice for respondents Nos.1 and 2. Learned senior counsel Mr. Sapkal waives service of notice for respondents Nos.3 and 4. Mr. Gunale, the learned Counsel, waives service of notice for respondent No.5.

2. Rule is made returnable forthwith. By the consent of the parties heard finally.

3. The petitioner is elected Member of the Legislative Assembly. She takes exception to the judgment and order passed by respondent No.2 (Committee) dated 09.02.2022 invalidating her claim of "Tokre Koli" Scheduled Tribe.

4. The facts of the case, in a narrow compass, are that the petitioner was elected Corporator for Jalgaon Municipal Corporation on the Scheduled Tribe reserved seat. Her caste certificate was forwarded to the Committee for validation. Meantime, she contested the election for Legislative Assembly from the Chopda constituency and was elected. She then resigned from the post of the Corporator. However, her caste claim, registered after her proposal for validation after her election as Corporator, was pending.

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