MANGESH NIVRUTTI KASHID Vs. DISTRICT COLLECTOR SATARA

JUDGEMENT

(1.) These petitions arise from the proceedings undertaken for validation of Caste Certificates. The two points that we have framed for our consideration are common in all these petitions and thus, these petitions are grouped together and are disposed of by this common judgment.

(2.) The two points that arise for consideration are:

(3.) The leading writ petition as well as other writ petitions relating to the grant of validity certificates to the candidates were placed before us on 31.01.2012 on the advent of elections to local self Government in the State in February, 2012. Some of the writ petitions were filed by the candidates desirous of contesting elections and who were not issued caste validity certificates prior to the election. Those candidates, because they could not produce the validity certificates within stipulated time, were denied nomination forms by the election authorities. The other set of cases are where validity certificate have been issued by the Committee constituted vide Notification dated 30-7-2011 and also without complying the requirement of obtaining Vigilance Cell report in a span of day or so after the presentation of the applications. While examining the validity certificates granted to such parties, it was revealed that the Scrutiny Committees had granted validity certificates to large number of applicants within a very short span from the date of the applications, and in some cases even within one day. The exercise of verifying the caste certificates by calling for field report from the Vigilance Cell was obviously not done in such cases.