SHASHIKANT SUKLAL BAVISKAR Vs. STATE OF MAHARASHATRA

JUDGEMENT

(1.) The petitioner, who is an ordinary resident of Asiad Society in Tilaknagar area of Nasik city, contested the last election held for the Municipal Corporation, Nasik from Ward No, 24 and against a seat reserved for Scheduled Tribe on the basis of a Caste Certificate dated 16.2.1982 issued by the Executive Magistrate, Jalgaon. He was declared elected in the said election and the said election was not challenged by filing an election petition. However, one Shrl Nitin Arjun Pawar, who was one of the defeated candidates, submitted a written complaint to the Commissioner. Municipal Corporation, Nasik and on the basis of the said complaint, petitioner's tribe claim came to be referred for verification by the respondent No. 2 Committee, which is also located at Nasik. The said Committee, by its decision dated 30.9.2002, recorded a finding that the petitioner does not belong to "Mahadeo Koli" - Scheduled Tribe and as such his claim to that effect was invalidated. In addition, the Caste Certificate issued to the petitioner on 16.2.1982 was found to have been not issued by the Tahsildar and Executive Magistrate, Jalgaon, on the basis of the confirmation letter issued by the said authority on 6.5.2002 and the said Certificate was declared to be spurious and fake. Resultantly, the Caste Certificate was directed to be confiscated. The said decision of the respondent No. 2 Committee has been assailed in this petition.

(2.) Though the basis of the petitioner's tribe claim is the Caste Certificate purportedly issued by the Executive Magistrate, Jalgaon on 16.2.1982, there is no dispute that the petitioner is presently a resident of Nasik City and he was enrolled as a voter in Ward No. 24 of the said City. Sec. 15 of the Representation of People Act, 1950 states that for every Constituency, there shall be an electoral roll which shall be prepared in accordance with the provisions of the said Act under the superintendence, direction and control of the Election Commission. Sec. 17 states that no person shall be entitled to be registered in the electoral roll for more than one Constituency and Sec. 18 further lays down that no person shall be entitled to be registered in the electoral roll for any Constituency more than once. Sec. 19 of the said Act states that subject to the earlier provisions of Part III therein, every person, who is ordinarily resident in a Constituency, shall be entitled to be registered in the electoral roll for that Constituency. The mere fact that the petitioner contested the election of the Municipal Corporation and was declared elected on 11.2.2002 goes to show that he is enrolled as a voter in Ward No. 24 of Nasik City and he cannot be a registered voter in the territorial limits of Jalgaon district. The decision impugned has been rendered by the respondent No. 2 Committee located at Nasik and the said decision pertains to the social status of the petitioner. The petitioner is aggrieved by the said decision Invalidating his claim that he belongs to the Scheduled Tribe. Taking all these circumstances together, in ordinary course, this petition ought to have been moved before the Principal Bench of this Court of Mumbal and the opinion recorded by the Additional Registrar on the point of territorial jurisdiction does not impress us. However, while admitting the petition and granting interim relief, this Court, by order dated 3.10.2002, has not left the issue regarding territorial jurisdiction open and, therefore, we are required to proceed to deal with the petition on merits and we proceed accordingly.

(3.) Before the Scrutiny Committee, the petitioner submitted the following documents :