KUSUM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave granted.

(2.) Appellant claims to be belonging to the carpenter caste. According to her, she hails from the Vidarbha area which is the border area of the State of Madhya Pradesh and Maharashtra. Carpenters in the State of Madhya Pradesh are known as 'Badhai', whereas in the State of Maharashtra, they are known as 'Sutar'. Their occupation is said to be the same. According to appellant, in both the States, people belonging to the said caste are entitled to be considered as Other Backward Class (OBC).

(3.) It is not known when the family of the appellant migrated from the State of Madhya Pradesh to the State of Maharashtra. Inter alia on the premise that she belongs to OBC, she contested an election for a Member of Panchayat in Village Chincholi. The post of Sarpanch was reserved for the OBC category candidates. She was elected in the said category. An application, however, was filed before the Caste Scrutiny Committee by respondent No. 4 contending that she does not belong to the OBC category and, therefore, could not have been elected.