SHAIKH ISAQS JAINUDDIN SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner was issued a caste certificate as belonging to the "momin" caste which is listed at Sr. No. 191 in the Govt. Resolution dated 9/12/1977, on 8/02/2000 and the said caste falis in the Other Backward Classes. He is the resident of Aurangabad and based on the said caste certificate, he had submitted his nomination form for contesting the Aurangabad Municipal Council election from Ward No. 71 (Sharif Colony, Kiradpura) against a seat reserved for the Other Backward Class and he was declared elected as a corporator on 13/04/2000. It appears that on 17/04/2000, one shri Momin Mohammad Ubedur- Raherman filed a complaint with the sub-Divisional Officer, regarding the petitioner's caste claim and a similar complaint was filed by one Shri Mohammad Mustafa Ahmed mohammad Nisar Ahmed on 19th April, 2000. In addition, two more persons including one Shri Azizkhan Ganikhan also lodged a complaint , with the Sub-Divisional Officer on or about 13/04/2000 and contended that the petitioner had misrepresented and obtained a caste certificate on the basis of the documents which were either fabricated or submitted clandestinely. While these complaints were pending for investigation, the State Election Commissioner referred the petitioner's caste claim for verificatior; by the Respondent No. 2 - Committee alongwith other Corporators, caste claim, who had contested the elections against the reserved seats. The Committee had issued notices and also appointed a Vigilance Enquiry, which had submitted its report on 10/09/2000 and by taking into consideration the petitioner's reply dated 2 8/09/2000, the Respondent No. 2 - Committee held that the petitioner did not belong to the "momin" caste and the certificate dated 8/02/2000 issued by the Sub-Divisional Officer in favour of the petitioner was declared as invalid and directed to be confiscated by the decision dated 12/10/2000.

(2.) THE said decision of the Respondent No. 2 - Committee came to be challenged in writ petition No. 3906/2001 and the same was partly allowed. While setting aside the impugned decision dated 12/10/2000, the petitioner's caste claim was remanded for fresh adjudication by the Respondent No. 2 Committee on reconsidering the following documents, which were not adverted to and examined properly.

(3.) ACCORDINGLY, the Respondent No. 2 Committee issued notice to the petitioner and also directed fresh vigilance enquiry and the report was received on 13. 12. 2001. In addition, some witnesses were examined by the Committee invoking its powers under Section 9 of the Maharashtra scheduled Castes, Scheduled Tribes, De-notified Tribes (Vikumta Jatis)Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of issuance and verification of ) Caste Certificate Act, 2000 (for short, referred to as "the Caste Verification Act" ). The said Act came into force on and from 18/10/2001 though it had received the assent of the President of India and published in the Maharashtra Government Gazette on 23/05/2001. The Committee also considered the record as was made available through these witnesses and by its fresh decision dated 18/01/2000, it held that the petitioner does not belong to the Momin caste and, therefore, it turned down the claim as being a citizen from Other Backward Classes. The caste certificate dated 8. 2. 2000 was directed to be cancelled and confiscated. Hence this petition.