NAVNEET KAUR HARBHAJANSING KUNDLES Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present appeals arise out of impugned common judgment and final order dtd. 8/6/2021 passed by Division Bench of High Court of Judicature at Bombay in three Writ Petitions. Out of the said three petitions, Writ Petition No. 3370 of 2018 and Writ Petition No. 2675 of 2019 were preferred by Anandra Vithoba Adsul and Raju Shamrao Mankar (Respondents herein), inter­alia seeking identical reliefs, i.e., issuance of writ of certiorari for quashing and setting aside order dtd. 3/11/2017 passed by District Caste Scrutiny Committee, Mumbai Suburban (hereinafter referred to as 'Scrutiny Committee') which validated the caste claim of Appellant herein as 'Mochi - Scheduled Caste' in Maharashtra. Conversely, Writ Petition (Lodging) No. 9426 of 2020 was filed by Appellant herein seeking writ of certiorari and setting aside the findings of Scrutiny Committee, particularly in para 4 of order dtd. 3/11/2017 to the extent of 'non­consideration' of oldest documents submitted by her, which as contended by her sustained and established her caste claim. The Division Bench vide common impugned judgment allowed the petitions of Anandra Vithoba Adsul and Raju Shamrao Mankar and dismissed the petition preferred by Appellant. The High Court quashed and set­aside the order dtd. 3/11/2017 passed by Scrutiny Committee primarily on the ground that the same was obtained fraudulently and cancelled the caste certificate issued in favour of Appellant. The Division Bench further imposed a cost of Rs.2,00,000.00­- on the Appellant and directed to surrender her caste certificate. Hence, the present appeals.

(2.) The entire controversy revolves around the validation of caste claim in favour of Appellant, on the anvil of which, the Appellant contested the 2019 Parliamentary election from Amravati constituency in Maharashtra as an independent candidate on a seat reserved for Scheduled Caste and emerged as winning candidate while defeating the other contesting candidates including Anandra Vithoba Adsul (Respondent herein). Aggrieved, Appellant's candidature on the reserved seat was assailed by other contesting candidates primarily on the ground that she obtained the 'Mochi­Scheduled Caste' certificate from the authorities concerned by submitting forged and fabricated documents. The genesis of the dispute is traceable from year 2013, when various complaints were submitted against Appellant before the Scrutiny Committee seeking cancellation of the caste validity certificate issued in her favour by Deputy Collector vide order dtd. 30/8/2013. From 2013 to 2017, the proceedings continued and eventually, when the matter was seized before High Court in Civil Writ Petition No. 325 of 2014 preferred by one Raju Mankar, the High Court vide order dtd. 28/6/2017 set­aside the caste validity certificate issued in favour of Appellant and remanded the matter with directions to the Scrutiny Committee to give opportunity of hearing to all the parties and take decision in accordance with law.

(3.) In furtherance of remand by High Court vide order dtd. 28/6/2017, the matter was taken up by Scrutiny Committee, and the parties duly contested their case. After hearing the parties at length and having considered all the documents placed on record, the Scrutiny Committee accepted the caste claim of Appellant vide order 3/11/2017 predominantly on the basis of two documents, i.e., (i) bona­fide certificate dtd. 11/2/2014 issued by Khalsa College of Arts, Science and Commerce in the name of Appellant's grandfather mentioning his caste as 'SikhChamar'; and (ii) the Indenture of Tenancy of 1932 which corroborated the Appellant's claim of her forefathers having migrated to Maharashtra from Punjab back in 1932 itself along with proof of residence. Aggrieved from above, the parties filed respective Writ Petitions and hence, the instant appeals.