1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.1300 OF 2007 * Kavita D/o Anandrao Koli, Age 22 years, Occupation : Household, R/o Behind Chhajed Oil Mill, Ghat Road, Navegaon, Chalisgaon, District Jalgaon. ... Petitioner. Versus 1) The State of Maharashtra, Through its Secretary, Urban Development Department, Mantralaya, Mumbai - 32. 2) The Scheduled Tribe Certificate Scrutiny Committee Through its Member Secretary, Nandurbar. 3) The Collector, Jalgaon. 4) The Sub Divisional Officer, Chalisgaon, District Jalgaon. 5) The Municipal Council, (Through its Chief Officer), Chalisgaon. ... Respondents. ------- 2 Shri. S.B. Talekar, Advocate for petitioner. Shri. N.B. Patil, Assistant Government Pleader, for respondents Nos.1,3 and 4. Shri. M.S. Deshmukh, Advocate for respondent No. 2. Shri. A.V. Patil, Advocate, holding for Shri. R.N. Dhorde, Advocate, for respondent No.5. ------- CORAM: NARESH H PATIL & N.D. DESHPANDE, JJ. DATE: 22nd JUNE 2009 ORAL JUDGMENT : (Per NARESH H PATIL, J.): 1) Heard. 2) Rule. Rule made returnable forthwith and by consent of the learned counsel for the parties the matter is taken up for final hearing. 3) The petitioner challenges order dated 15-2-2007 passed by the Committee for Scrutiny & Verification of Tribe Claims, Nashik invalidating the tribe claim of the petitioner as “Malhar 3 Koli”. The petitioner is elected as a member of the Municipal Council Chalisgaon. 4) The learned counsel Shri. S.B. Talekar for the petitioner submits that the petitioner wanted to examine some persons in support of her tribe claim which was not allowed by the Committee. Our attention was drawn to a communication dated 14-10-2006 and Vigilance Cell Reports dated 29-12-2006 and 25-11-2004. The learned counsel further submits that there were some old documents on record of the Committee produced by the petitioner in support of her tribe claim but those documents were not properly appreciated and considered by the Committee. 5) The learned counsel Shri. M.S. Deshmukh appearing for the Committee submits that the petitioner was elected as a Councillor of Municipal Council, therefore, modus operandi was adopted to prolong the hearing of the matter. The Committee has considered all the relevant 4 documents and reached appropriate conclusion on the basis of available documents which the Committee found were not in favour of the petitioner’s tribe claim. 6) We have considered the submissions. We have perused the relevant documents referred to in the order passed by the Committee. Without entering into the pros and cons of the issues raised before us on merits, we find it appropriate to direct the Committee to hear the petitioner afresh, consider the relevant record and thereafter pass fresh order. The Committee would also permit the petitioner to examine some persons in support of her tribe claim. No doubt the entire exercise will have to be completed within a fixed time schedule. We would therefore quash and set aside the order passed by the Committee and remand the matter back to the Committee. 5 7) The order dated 15-2-2007 passed by the Committee for Scrutiny & Verification of Tribe claims Nashik is quashed and set aside and the matter is remanded back to the Committee at Nandurbar. The petitioner is permitted to lead evidence in the shape of examination of some persons and also produce additional evidence, if any. The Committee shall thereafter hear the petitioner and pass appropriate orders strictly in accordance with the evidence placed on record. We have not expressed any opinion on the merits of the matter. The petitioner for the first appearance shall appear before the Committee on 7th July 2009. The Committee shall complete this exercise within three months from 7th July 2009. 8) Rule is made absolute in the above terms with no order as to costs. (N.D. DESHPANDE, J.) (NARESH H PATIL, J.) rsl/ wp.1300.07