ARUNA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave granted.

(2.) The appellant assails the dismissal of her writ petition and the review petition by the High Court. The High Court declined to interfere with the order of the District Caste Verification Committee (hereinafter referred to as 'the Committee') dated 22.10.2018. The Committee declined to verify the caste certificate of the appellant under the proviso to Rule 14 of the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Category (Regulation of Issuance and Verification of) Caste Certificate Rules, 2012 (hereinafter referred to as 'the Rules'). The appellant, as a consequence, stood retrospectively disqualified to hold the post of President of the Municipal Council, Kundalwadi, under Section 9A of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (hereinafter referred to 'the Act').

(3.) Shri B.H. Marlapalle, learned senior counsel appearing for the appellant, submitted that the acceptance of her nomination by the Returning Officer for the post of President was unsuccessfully challenged by respondent No. 4 in Election Appeal No. 02 of 2016 on the ground that her caste certificate dated 22.11.2016 was invalid. The appellant, prior to filing her nomination had obtained the requisite caste certificate in Form 10 under Rule 6(1) (a) from the competent authority in the State of Maharashtra. The Appellate Court upheld the validity of her caste certificate, and left the verification of the same to the Committee, where it was pending. The Committee upheld the validity of the caste certificate, but erred in holding that the certificate having been issued to a migrant from another State it could not verify it under the proviso to Rule 14. The appellant having failed to submit the verification of the caste certificate within the stipulated time, was declared disqualified retrospectively under the Act.