MANDAKANI KACHRU KOKANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this Writ Petition filed under Article 226 and 227 of the Constitution of India, the Petitioner has challenged the order dated 25.06.2020, passed by the Respondent No.2-District Caste Certificate Scrutiny Committee, Nashik in Case No. 3809 of 2019 and further relief seeking direction to the respondent no. 2 to issue Caste Validity Certificate to the Petitioner for "Kunbi" caste which comes under Other Backward Caste. The petitioner has also sought relief seeking direction to the respondent no. 7 i.e. Rural Development Department, State of Maharashtra to extend the time period for submitting Caste Validity Certificate under Section 30 (1A) of the Maharashtra Village Panchayat Act, 1958.

(2.) The case put up by the Petitioner in the Writ Petition is that the petitioner had contested for the direct post of Sarpanch of the Ghoti (K) Grampanchayat for the period 2019-2024 which was specifically reserved for OBC candidates. The petitioner was elected for the said post of Sarpanch on 26.06.2019. The petitioner had obtained the Caste Certificate for "Kunbi" Other Backward Caste dated 6.04.2017 from the office of SDO, Igatpuri, Trambakesh Subdivision, Nashik. The petitioner at the time of submitting nomination form for the post of Sarpanch has given undertaking that she would submit the Caste Validity certificate within the period of one year from the date of declaration of the election result. Therefore, the petitioner filed application dated 28.05.2019 alongwith relevant documents with the District Caste Certificate Scrutiny Committee, Nashik (hereinafter referred to as "the committee"). The respondent no.3 who had unsuccessfully contested Election for the post of Sarpanch against Petitioner lodged objections dated 16.07.2019, 16.09.2019 and 17.09.2019. The petitioner in the Writ Petition has contended that before the Committee, in order to establish that she belongs to Kunbi (Other Backward Caste) had inter-alia submitted following documents:-

(3.) The petitioner has further stated in the Writ Petition that the Committee was pleased to call for report of the Vigilance Department and accordingly reports dated 3.01.2020, 31.01.2020 and 19.05.2020 were submitted to the Committee by the Vigilance Committee. In the report of the Vigilance Committee dated 3.01.2020, it is specifically mentioned that no record is found with respect to the document in Modi Script hereinabove referred at Sr. no. 2 (ii). In view of the said Vigilance report, petitioner applied for Certified copy with Tahsil Office and by letter dated 18.06.2020, it was informed to the petitioner that the said record is in damaged condition and therefore, certified copy could not be issued.