RANJIT PRAKASH GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By the present Writ Petition, the Petitioner has prayed for the following reliefs:

(2.) Briefly stated the facts are as under:- 2.1. Petitioner contested election from Ward No.1 of Grampanchayat Kasar Amboli, Tal. Mulshi, District Pune, reserved for Other Backward Class (for short "OBC"). Petitioner claims to belong to "Kunbi" caste which is recognised as OBC in the State of Maharashtra. The Divisional Officer, Maval - Mulshi Sub-Division, District Pune issued Caste Certificate dtd. 9/12/2020 to the Petitioner as belonging to Kunbi caste. 2.2. Respondent No.4 contested Grampanchayat election from Ward No.4 of Grampanchayat Kasar Amboli. Petitioner was declared elected in the election held in January, 2021 from Ward No.1 whereas Respondent No.4 stood defeated from Ward No.4. 2.3. Respondent No.4 filed a complaint with Respondent No.2 - District Caste Certificate Scrutiny Committee (for short "Committee") against the Petitioner and challenged the Caste Certificate dtd. 9/12/2020 issued to the Petitioner by raising various issues pertaining to the genealogy of the Petitioner and the validity and genuineness of the documents filed by the Petitioner in support of his caste claim. 2.4. In view of the complaint, the Committee referred the case of the Petitioner to its Vigilance Cell for a detailed home, school and other enquiry as prescribed by law and called for its report. The Enquiry Officer submitted a detailed report dtd. 15/3/2021 to the Committee. 2.5. The Committee issued show cause notice dtd. 16/3/2021 to the Petitioner and directed the Petitioner to appear before the Committee for a hearing on 25/3/2021. Petitioner was given a copy of the Vigilance Cell Report. Petitioner was specifically called upon to file his reply to the show cause notice to prove his caste claim and the documents filed in support thereto with respect to the birth and death extract of his two cognate ancestors in village Form No.14 dtd. 9/12/1924 and 2/1/1925 showing their caste as "Kunbi", as these documents were not traced during the enquiry conducted by the Vigilance Cell in the Revenue record of Village Kasar Amboli. 2.6. Petitioner filed reply dtd. 9/4/2021 to the show cause notice and appeared before the Committee. He submitted that the extracts pertaining to the year 1924 and 1925 in respect of his cognate ancestors were issued by the concerned Revenue Authority i.e. Tehsil Office, Mulshi on the basis of record available in the Tehsil office. 2.7. On 9/4/2021, the Committee passed the impugned order invalidating, cancelling and directing confiscation of the caste certificate dtd. 9/12/2020 issued to the Petitioner on the grounds mentioned in the said order. 2.8. Being aggrieved Petitioner filed the present Writ Petition on 21/6/2021 challenging the order dtd. 9/4/2021 passed by the Committee. 2.9. On 21/6/2021, this Court after hearing the Petitioner on his grievance regarding the disqualification proceedings initiated by the Collector against him passed the following order: Respondent No. 3 - Collector, Pune may proceed with the hearing fixed on 22/6/2021 at 11.00 a.m. However, in the event of the Collector passing an order which is against the Petitioner, the same shall not be implemented for a period of two weeks from the date of service of the same on the Petitioner or his Advocate.

(3.) Mr. Mendadkar, learned Advocate appearing for the Petitioner submitted that the impugned orders be set aside and the matter be remanded back to the Committee for reconsideration. In support thereof, he has submitted as follows :