SWAPNIL BABAN SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Learned AGP waives service for Respondent Nos. 1 to 4. Mr Deshmukh waives service for Respondent No. 5. Rule is made returnable forthwith. The petition is taken up for final disposal.

(2.) This Writ Petition is filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, thereby quashing and setting aside the Order dtd. 7/2/2023 passed by District Caste Certificate Scrutiny Committee, Pune ("Respondent No.2"). By the impugned Order, the claim of the Petitioner of belonging to the "Kunbi" caste is disallowed, and the caste certificate issued to the Petitioner is declared invalid.

(3.) It is the Petitioner's case that he belongs to the 'Kunbi' caste, which is recognized as the Other Backward Class ("OBC") in the State of Maharashtra. Hence, he was issued a caste certificate on 18/12/2020 by the Sub-DivisionalOfficer, Maval Mulshi sub-division, district Pune. Based on the caste certificate issued to the Petitioner, he had contested the election from Ward No. 4, Gram Panchayat Kasar Amboli, Taluka Mulshi, District Pune, which was reserved for OBC. Petitioner won the election and was elected as a member of the Gram Panchayat. Respondent No. 5, who lost the said election, had filed a complaint before Respondent No.2. Respondent No.2 had initially validated the caste certificate issued to the Petitioner by Order dtd. 9/4/2021. The said Order of Respondent No.2 was challenged by Respondent No.5 in this Court by filing Writ Petition No. 2045 of 2021. The said Writ Petition was partly allowed on 14/2/2022, the Order passed by Respondent No.2 was set aside, and the matter was remanded back to Respondent No.2 by issuing certain directions. Following are the directions issued by this Court by Order dtd. 14/2/2022, at the time of remanding the matter back to Respondent No.2.