JAIMALA JAGESHWAR BARAPATRE Vs. UNION OF INDIA

JUDGEMENT

(1.) As the pleadings are complete, by consent of parties, petition is taken up for final disposal. Hence, Rule. Rule is made returnable forthwith, and heard finally.

(2.) Petitioner herein claimed to be belonging to Halba - Scheduled Tribe. She had applied for, and was issued the Certificate dated 31st March, 1993, certifying her to be belonging to Halba - Scheduled Tribe. Based on this certificate, petitioner contested the election as a Corporator in the general elections to Nagpur Municipal Corporation, and has been elected. The petitioner's tribe claim was subjected to scrutiny. Petitioner's tribe claim has been scrutinized, and is invalidated by order dated 13th June, 2007. Petitioner has challenged said order of invalidation by this petition.

(3.) Petitioner has also challenged the constitutional validity of Maharashtra scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis) , nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 (for brevity, hereinafter referred to as "act No. 23 of 2001") , and Rules framed thereunder.