SUREKHA MAHESH CHAVAN Vs. DISTRICT CASTE SCRUTINY COMMITTEE

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. The Advocate's Application for the Respondents on institution waives notice of rule. Heard finally by consent of both the parties.

(2.) The Petitioner has approached this Court on being aggrieved by the Order dated 23.1.2020 thereby rejecting the claim of the Petitioner of belonging to the Hindu (Nhavi) caste, which is recognized as Other Backward Class ("OBC") at Sr. No. 108 under a Government Resolution dated 13.10.1967 in the State of Maharashtra.

(3.) The lady Petitioner, whose maiden name was Surekha Vasant Mane, has contested the election of Gram Panchayat for the village-Shiroli Pulachi, taluka-Hatkalangale, district-Kolhapur, from the reserved seat for the OBC category. The Petitioner was elected and became a member of the Gram Panchayat of the said village. The Petitioner claims to be belonging to the Hindu (Nhavi) caste, on the basis of the caste certificate issued by the Sub-Divisional Officer, Ichalkaranji, dated 23.12.2016. The Petitioner had applied to the Caste Scrutiny Committee for the verification of her caste claim and for the issuance of validity certificate. The Petitioner had supplied various documents in support of her claim to the Caste Scrutiny Committee. The Caste Scrutiny Committee entrusted the matter to the Vigilance Cell for conducting a local inquiry. The Respondent No. 3 had objected to the Petitioner's claim before the Scrutiny Committee by way of tendering certain documents. On evaluation of the Petitioner's caste claim, the Scrutiny Committee vide its Order dated 29.6.2018 rejected the Petitioner's claim for issuing a validity certificate. Being aggrieved by the said decision, the Petitioner has filed Writ Petition No. 7646 of 2018 before this Court. Vide its Order dated 1.10.2019, this Court quashed and set aside the Order of the Scrutiny Committee dated 29.6.2018 and remitted the matter back to the Scrutiny Committee for fresh consideration. Concerning the same, the Petitioner had tendered some additional documents along with an extended genealogy to the Committee in support of her claim. On fresh assessment, once again the Petitioner's caste claim came to be rejected by the Committee vide its impugned Order dated 23.1.2020.