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5 The Petitioner claims to be belonging to Mahadev Koli tribe which is a Scheduled Tribe. She has been issued with the Caste Certificate dated 14.06.1990 by the Tahasildar & Executive Magistrate, Udgir, District Latur in accordance with the provisions of law as they stood prior to the introduction of the 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.

6 My attention is invited to the judgment of the Division Bench of this Court dated 11.08.1994 delivered in Writ Petition No.2451/1994 filed by the Petitioner versus the State of Maharashtra and others. The Petitioner was aggrieved by the rejection of her claim as belonging to Mahadev Koli (Scheduled Tribe) by the Caste Scrutiny Committee. It was *3* wp.11507.14.vp.election brought to the notice of the Division Bench that the same Committee has validated the caste claim of the real brother of the Petitioner, namely, Shivaji Ganpatrao Kabade. The caste claim of another real brother of the Petitioner, namely, Subhash Ganpatrao Kabade was also held to be valid as belonging to Mahadev Koli (Scheduled Tribe) by the Division Bench of this Court vide its judgment dated 19/20th June, 1986 in Writ Petition No.438/1985.

7 The Division Bench of this Court by the said judgment dated 11.08.1994 has set aside the order of the Respondent No.3 Caste Scrutiny Committee invalidating the caste claim of the Petitioner and held that the Petitioner belongs to Mahadev Koli (Scheduled Tribe). Rule was accordingly made absolute.

8 The Petitioner, therefore, contends that she was armed with the judgment of this Court dated 11.08.1994 as well as a copy of the writ that was issued by this Court on 11.08.1994. She has annexed these documents to her nomination form and therefore, has made a categoric declaration that she belongs to Mahadev Koli (Scheduled Tribe) and is therefore, eligible to contest the election from Ward No.2 which was reserved for Scheduled Tribe category.

                                                          *6*                    wp.11507.14.vp.election


    16             Shri Bade Patil, learned Advocate appearing on behalf of the 

Respondent No.2- Caste Scrutiny Committee, submits that there is no doubt as to whether the Petitioner belongs to the Scheduled Tribe category. By the judgment dated 11.08.1994 delivered by the Division Bench of this Court in the case of the Petitioner, the order passed by the Caste Scrutiny Committee invalidating her caste claim has been set aside and this Court has ruled that the claim of Petitioner stands validated and she belongs to the Mahadev Koli tribe which is a Scheduled Tribe. He further submits that the Caste Scrutiny Committee was under an impression that the Petitioner will once again make an application seeking caste validity certificate pursuant to the order passed by the Division Bench. It is for this reason that the Caste Validity Certificate has not been issued. He clarifies that there is no other motive in the mind of the Committee in not issuing the Caste Validity Certificate. 17 Having considered the submissions of the litigating parties, the issue turns upon the judgment of this Court dated 11.08.1994. The Petitioner had already made an application for seeking validation of her claim as belonging to Mahadev Koli. By the impugned order before the Division Bench of this Court, her claim was invalidated. As such, the claim application stood rejected.