R. D. DHANUKA, S. G. MEHARE
Latabai – Appellant
Versus
State of Maharashtra – 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.
S. Nagrajan Vs. District Collector Salem and others
State of Bihar Vs. Radha Krishna Singh and Ors. AIR 1983 SC 684
CIDCO Vs. Vasudha Mandevlekar (2009) 7 SCC 283
Madan Mohan Sing Vs. Rajni Kant
Union of India Vs. Alok Kumar with other Civil Applications (2010) 5 SCC 349
Anand vs Committee for Scrutiny and Verification of Tribe Claims and Others (2012) 1 SCC 113
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