Bombay High Court Rejects Shiv Sena MLA Latabai Sonawane’s Challenge To Invalidation Of Her Scheduled Tribe Certificate

Case: Latabai v. State of Maharashtra & Ors.

Coram: Justices Ramesh D Dhanuka and Sanjay G Mehare

Case No.: Writ Petition No.2691 Of 2022

Court Observation: “the petitioner’s father’s caste in his birth register is shown as “Koli”. It was a pre-Independence entry. The revenue record in the name of her grandfather shows his caste as “Hindu”. “Hindu” is not a caste. Her sisters’ caste in the school leaving certificates is also not shown as “Tokre Koli”. The petitioner has no case that she, her sisters, father or grandfather has ever attempted to correct in their school record.”

“failed to prove” that she belongs to Tokre Koli tribe caste and impugned judgment by the committee is “well-reasoned order”.

“The entries of the pre-independence era, if rebutted, cannot be given probative value. The presumption under section 90 of the Indian Evidence Act would also not help the petitioner for the reason that the strong evidence in rebuttal was available,”

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Keywords

Scheduled Tribe Certificate, Shiv Sena MLA