ANANT ATMARAM WAGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Mrs. Bhide, 'B' Panel Counsel waives service for Respondent Nos. 1, 2 and 4. Mr.Dalvi, learned counsel waives service for Respondent No. 3/Original Complainant. Rule is made returnable forthwith. By consent of the parties, the matter is taken up for final hearing.

(2.) By this petition filed under Article 226 of the Constitution of India, the Petitioner who is elected as a member of village panchayat, is seeking a writ in the nature of Certiorari to quash and set aside order dtd. 25/1/2022 passed by Respondent No. 2 (District Caste Certificate Scrutiny Committee), Raigad.

(3.) There are various grounds raised for challenging the impugned order, however, learned counsel for the Petitioner has specifically invited our attention to the ground being in the petition, where it is the case of the Petitioner that when he had attended a hearing before the Caste Certificate Scrutiny Committee on 5/1/2021, only two members of the Committee had presided over and conducted the hearing. Thus, according to the Petitioner, three members committee had not assembled heard and decided the validity as required under the law. In support of his contention, the Petitioner has relied upon the judgment of this Court in the matter of Karan M. Bahure V. State of Maharashtra and Ors. 2021 SCC OnLine Bom. 4232, wherein identical set of facts were considered by this Court and the decision rendered by the Scrutiny Committee without having sufficient number of members, was set aside.