JAGANNATH DAMODAR HOLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS petition, filed under Articles 226 and 227 of the Constitution of India, arises from the decision of the Caste Scrutiny Committee, validating the caste claim of Respondent No. 3 Shri venunath alias Balasaheb Ranganath Chavan as belonging to "kunbi" caste, which is listed in the Other Backward Classes by the State Government.

(2.) THE Sub-Divisional Officer, Shrirampur had issued caste certificate dated 3. 11. 2001 in favour of respondent No. 3, certifying that he belongs to the Kunbi caste and based on the said certificate, he contested the election for the post of President, Municipal Council, Deolali and he was declared elected as such on 6. 12. 2001. The petitioner is also a resident of deolali town, residing in Ward No. 3 and he belongs to the "mali" caste, which is also listed in Other Backward Classes by the State Government. Immediately on the respondent No. 3 having been elected as President of the Municipal Council, the petitioner lodged the complaint dated 12. 12. 2001 to the respondent No. 2 Committee as well as the Collector, Ahmednagar and the Divisional Social Welfare Officer, Nasik Division, Nasik. He filed writ Petition No. 125/2002 before this Court, praying for directions to enquire into the caste claim of the respondent No. 3. Writ Petition Nos. No. 5264/2001 and 125/2002 came to be disposed of by our common order dated 13. 6. 2002, by noting that the Chief Officer, Municipal Council, deolali Pravara had referred the. caste claim of the respondent No. 3 for scrutiny to the respondent No. 2 Committee at Nasik on 11. 2. 2002 and the committee was directed to complete the verification proceedings and pronounce its decision by 31. 7. 2002. By the impugned decision, the Committee has validated the caste claim of respondent No. 3 as belonging to kunbi Other Backward Class.

(3.) FROM the record and proceedings submitted before us, we have noted that in addition to the complaint filed by the present petitioner, there was one more complainant challenging the social status as claimed by the respondent No. 3 and on the basis of which he contested the election for the post of President of the Municipal Council when the said post was reserved for O. B. C. category. The vigilance enquiry was ordered and the Vigilance Officer had submitted his report dated 17. 9. 2002. In addition to the respondent No. 3, the complainants also had submitted a number of documents showing that the respondent No. 3 actually belongs to Maratha caste and he had obtained a caste certificate dated 3. 11. 2001 on bogus claim and only with an intention to contest the election to the post of President which was reserved for O. B. C. and the certificate was obtained only after the lots for reservation were drawn in which the post of President for the Deolali Pravara Municipal Council came to be reserved for the member of Other Backward Classes.