LAWS(SC)-2009-4-263

RANJANA Vs. STATE OF MAHARASHTRA

Decided On April 30, 2009
RANJANA Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) This appeal arises out of the judgment and order, dated 28th November, 2002, in Writ Petition No. 5058 of 2002, delivered by a Division Bench of the High Court of Judicature of Bombay at Aurangabad. By the impugned order, the High Court has dismissed appellant's petition questioning the correctness of the orders passed by the Caste Scrutiny Committee, which had invalidated the claim of the appellant as belonging to the "Mahar" caste, finally resulting in her disqualification as a Member of the Zilla Parishad, Aurangabad.

(2.) In order to appreciate the issue, requiring determination, a few material facts may be stated:

(3.) In January, 2002, elections to the Zilla Parishad, Aurangabad were announced and in the said election, the Constituency of '10-Mahalgaon Circle' was reserved for a Scheduled Caste citizen. On 31st January, 2002, the appellant approached the Sub-Divisional Officer, Vaijapur and obtained a Caste Certificate declaring that she belonged to "Mahar" caste, a listed Scheduled Caste in the Constitution (Schedule Castes) Order, 1950 for the State of Maharashtra. On the basis of her Caste Certificate, the appellant filed the nomination form as a candidate of the Shiv Sena Party to contest for the 10-Mahalgaon Circle Seat. On 18th February, 2002, the appellant was declared elected.