SHIVAJI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the parties. Rule. Rule made returnable forthwith and taken up for final disposal with the consent of learned counsel for the parties.

(2.) The writ petition arises out of glaring facts.

(3.) The respondent no.6 herein had initially obtained caste certificate issued by the Executive Magistrate, Udgir, on 7.6.1990 certifying that he belongs to Rajgond, which is recognized as scheduled tribe. The claim of the respondent no.6 was considered by the scrutiny committee and the scrutiny committee vide order dated 2.4.1994 held the claim of the respondent no.6 to be invalid. The caste certificate of the respondent no.6 issued by the Executive Magistrate, Udgir, dated 7.6.1990 was directed to be cancelled and confiscated. The respondent no.6 again applied for grant of certificate certifying him to be belonging to Rajgond scheduled tribe on 13.9.2008. The Sub Divisional Magistrate, Udgir, granted the certificate to the petitioner on 5.11.2008. The respondent no.6's claim was validated by the respondent no.2 - committee on 12.4.2010. Subsequently, the respondent no.6 contested the elections to the Municipal Council of the respondent no.4 from the ward reserved for scheduled tribe. The respondent no.6 was elected in the said elections. The present petitioner had also contested the said elections and lost against the respondent no.6. It appears that after the respondent no.6 had filed his nomination, the petitioner gathered the requisite information and found that the respondent no.6's claim was already invalidated as way back as in 1994 and, therefore, approached this Court challenging the caste certificate issued by the respondent no.3 in favour of the respondent no.6 and the validity granted by the respondent no.2. Initially, the petitioner had also prayed for various reliefs including restraining the respondent no.6 from contesting the election. However, since the matter was listed for the first time after the elections were held, the petitioner pressed the relief inly insofar as the prayer clause (B) is concerned.