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2024 Supreme(Bom) 1131

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR
AVINASH G.GHAROTE, ABHAY J.MANTRI
Anil S/o Dattatray Kusare – Appellant
Versus
Scheduled Tribe Caste Certificate Scrutiny Committee, through its Member Secretary and Deputy Director, Yavatmal – Respondent


Advocates Appeared:
For the Petitioner:Mr. Ashwin Deshpande, Advocate
For the Respondent: Mr. V.A.Thakre, Adv

JUDGMENT :

Abhay J. Mantri, J.

Rule. Rule is made returnable forthwith. Heard finally by consent of the learned counsel for the parties.

(2) The challenge is raised to the order dated 12/07/2022 passed by the respondent Scheduled Tribe Caste Scrutiny Committee (for short- ‘the Committee’), thereby invalidating the claim of the petitioner that he belongs to “Halbi/Halba” Scheduled Tribe.

(3) The petitioner claimed that he belongs to the “Halbi” Scheduled Tribe; accordingly, the Sub Divisional Officer, Umarkhed, issued a caste certificate in his favour. The petitioner, being qualified to contest election as Councillor, submitted a nomination form from Ward No.13, Nagar Panchayat, Dhanki, District Yavatmal, from the Scheduled Tribe category. The petitioner also submitted his caste certificate along with the nomination form. The nomination form was accepted on the ground that the petitioner would submit his caste claim for verification; accordingly, through Election Officer Dhanki, the petitioner submitted his proposal for verification of the caste to the respondent Committee in the prescribed form.

(4) The same was pending with the Committee; therefore, he filed a Writ Petition No.2410/202

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