VIKAS RATANLAL JAIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner was issued a caste certificate dated 20-7-1994 by the Executive Magistrate, Aurangabad certifying that the petitioner belongs to "shimpi" caste listed at Sr. No. 153 and recognized as Other Backward Class (OBC) under the Govt. Resolution dated 13-10-1967 and as amended from time to time. In April, 2000, elections for the Aurangabad Municipal Corporation were held and the petitioner contested the Corporator's election from Ward No. 39 from an open category seat and he was elected. One Shri Bhagwat Karad was elected as Mayor on 29. 4. 2000 for a term of two and half years when the said post of Mayor was reserved for the Other Backward Class of citizens. However, he submitted his resignation before completing the said tenure of two and half years and, therefore, fresh elections were announced for the post of Mayor. The petitioner submitted his nomination paper on 31. 8. 2001 to contest the said election of Mayor as belonging to other Backward Classes, on the basis of the said certificate dated 20-7-1994. The election was held on 4. 9. 2001 and he came to be elected as mayor.

(2.) THE Government of Maharashtra had issued a resolution on 1/01/1998 making it compulsory the verification of caste claims of all those, who got elected against reserved seats to different bodies of local self Government. It was directed that the caste claims of all such elected representatives shall be submitted by the Collector of the concerned district to the Caste Scrutiny Committee within a period of 15 days after the election results were declared and the Committee was expected to complete the verification proceedings within a period of 45 days. The state Election Commission addressed communications to all the Municipal Commissioners/district Collectors on 4. 6. 1999 to take action for referring the caste claims of all such elected representatives to the concerned Caste Scrutiny Committee as per the Govt. Resolution dated 1st january, 1998 and by resolution dated 25/01/2000, the Govt. of maharashtra laid down detailed guidelines setting out the procedure to be followed for referring such claims for verification.

(3.) ACCORDINGLY, the petitioner's caste claim came to be referred by the Commissioner of Aurangabad Municipal Corporation (Respondent no. 5) to the Respondent No. 4 - Committee as per the communication dated 31. 8. 2001. The petitioner had received a notice dated 26. 9. 2001 from the Committee, directing him to submit documentary evidence in support of his caste claim. While petitioner's caste claim was pending for verification, the Govt. of Maharashtra enacted the Maharashtra Scheduled Castes and Scheduled Tribes, Denotified Tribes (Vikumta Jatis)Nomedic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000, ( for short, hereinafter referred to as "the Caste Verification Act" ). It received the President's assent and was published in the Maharashtra Government Gazette on 23/05/2001. By notification dated 17/10/2001, the said Act was brought into force w. e. f 18/10/2001 when the petitioner's caste claim was pending before the Respondent No. 4 for scrutiny.