(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 10824 OF 2010 Parvatibai w/o. Pralhad Munde, Age : Major, Occupation : Household & Sarpanch, Grampanchayat Kodri, Taluka : Gangakhed, District : Parbhani, R/o. Kodri, Taluka : Gangakhed, District : Parbhani. .. Petitioner. versus 1. The State of Maharashtra, Through its Principal Secretary, Tribal Development Dept., Mantralaya, Mumbai. 2. The District Collector, Parbhani, Dist. : Parbhani. 3. The Sub-Divisional Officer, Parbhani, Dist. : Parbhani. 4. The Tahsildar, Gangakhed, Taluka : Gangakhed, Dist. : Parbhani. 5. The S.C., OBC, NT, VJNT, SBC Caste Certificate Verification Scrutiny Committee, Aurangabad. .. Respondents. (2) ....................... Mr. S.G. Jadhavar, Advocate, for the petitioner. Mr. K.G. Patil, Assistant Government Pleader, for respondent nos.1 to 5. ........................ CORAM : B.R. GAVAI & R.M. BORDE, JJ. DATE : 29TH NOVEMBER 2010 ORAL JUDGMENT (Per B.R. Gavai, J.) : 1. Rule. Rule made returnable forthwith. Heard by consent. 2. The limited grievance made in the petition is that since the petitioner has been elected as Sarpanch of village Grampanchayat Kodri (Taluka : Gangakhed, District : Parbhani), as a candidate belonging to Nomadic Tribe - "D" category, and though her caste claim is pending consideration before the respondent no.5 Committee, on account of not deciding the same by the Scrutiny Committee, the petitioner may incur (3) disqualification from the electoral office. 3. We find that the petitioner cannot be penalized on account of respondent no.5 not taking a decision on the caste claim of the petitioner. In that view of the matter, the petition deserves to be allowed. 4. In the result, the petition is allowed. (i) The respondent no.5 / Scrutiny Committee is directed to decide the caste claim of the petitioner, in accordance with law and on its own merits, within a period of three months from today, after giving reasonable opportunity of hearing to the petitioner. (ii) The petitioner shall appear before the respondent no.5 / Scrutiny Committee and, as such, the requirement of formal notice to the petitioner, by the Committee, shall stand waived. (iii) The petitioner shall not be disqualified by the respondent no.2 till the decision of the caste claim of the petitioner by the respondent no.5 / Scrutiny Committee. (4) 5. Rule is made absolute in the aforesaid terms. However, there shall be no order as to costs. ( R.M. BORDE ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/wp10824