SANGITA SHARD KOLSE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In both the petitions since the facts are identical, both these petitions are being decided by this common judgment. In Writ Petition No. 337 of 2003, the petitioner has prayed for issuance of an appropriate writ for quashing and setting aside the impugned judgment and order dated 20-1-2003 passed by respondent no. 2 Scrutiny Committee. The petitioner has also prayed for issuance of an appropriate writ for quashing and setting aside an order passed by the Divisional commissioner, Aurangabad Division, aurangabad on 29-1-2003 which is annexed as exh. N to the petition, disqualifying the petitioner. The petitioner has also prayed for issuance of a writ of mandamus directing the respondents to treat the petitioner as a candidate belonging to Hindu Mahar caste, which is a scheduled Caste and provide all the benefits of reservation of the said caste to the petitioner. After amending the petition, the petitioner has prayed for issuance of an appropriate writ challenging the election of respondent no. 7 on the post of President, Zilla Parishad, aurangabad on 14-2-2003.

(2.) In Writ Petition No. 5271 of 2002, the petitioner in Writ Petition No. 337 of 2003 is respondent no. 8 to the petition. In this petition the petitioners have prayed for issuance of an appropriate writ for quashing and setting aside the decision of the Scrutiny Committee validating the claim of respondent no. 8 by judgment and order dated 31-5-2002. The petitioners in this petition have also prayed for declaration that the caste certificate issued in favour of respondent no. 8 by the Sub-Divisional officer, Vaijapur on 5-1-2002 as belonging to hindu Mahar, Scheduled Caste, be declared as null and void as respondent no. 8 belongs to christian religion.

(3.) The facts in brief as are necessary for the decision of both these petitions can briefly be stated thus :-According to the petitioner, the petitioner is a Hindu Mahar, which is recognised as a scheduled Caste. Certificate to this effect have been issued by the Executive Magistrate, gangapur on 16-6-1994 and by the Sub-Divisional Officer, Vaijapur on 5-1-2002. On the strength that the petitioner is a "mahar" i. e. , a Scheduled Caste candidate, the petitioner contested the election as member of Zilla panshad on a seat reserved for candidates belonging to Scheduled Caste. In the election, the petitioner was duly elected as member of zilla Parishad. On 16-4-2002 the caste certificate of the petitioner was referred by the collector, Aurangabad to the respondent -Scrutiny Committee. The respondent - Scrutiny committee, by its judgment and order dated 31-5-2002 validated the caste certificate of the petitioner. The election of the President of Zilla panshad, Aurangabad was set aside and as a consequence of that the seat became vacant. Meanwhile, it appears that the petitioners in writ Petition No. 5271 of 2002, by filing this petition, challenged the judgment and order of the Scrutiny Committee validating the caste claim of the petitioner in Writ Petition No. 337 of 2003 and respondent no. 8 in the other petition. As soon as the election of the President of Zilla Parishad, Aurangabad, was declared, according to the petitioner a complaint was sent in the name of one Shantaram Dharmaji Ubale, r/o Samata Nagar, Gangapur, Tq. Gangapur, dist. Aurangabad, to the respondent Scrutiny committee. According to the petitioner the respondent Scrutiny Committee entertained this complaint and suo motu started proceedings for reviewing its order on the basis of the said complaint. On 12-12-2002 the respondent scrutiny Committee suo motu referred the matter to the vigilance cell and the vigilance cell in turn submitted its report on 12-12-2002. The Committee accordingly issued notice to the petitioner directing the petitioner to submit her reply within two weeks as to why the caste validity certificate issued in favour of the petitioner in Writ Petition No. 337 of 2003 be not cancelled. On 16-12-2002 Writ Petition no. 5271 of 2002 came to be filed challenging the earlier decision of the Committee validating the caste claim of the petitioner as belonging to mahar i. e. a Scheduled Caste. On 20-12-2002 an interim order came to be passed by this Court in Writ Petition No. 5271 of 2002 and this Court permitted the candidate, the petitioner in Writ petition No. 337 of 2003 would hereinafter be referred to in this judgment as "the candidate", to contest the election which was to be held on that day. This Court, however, directed the candidate not to use official vehicle, residence and draw such benefits that go to the post of president, Zilla Panshad, Aurangabad until further orders. This Court further directed the respondent Scrutiny Committee to ensure that copy of vigilance inquiry report along with copies of the documents in support of the said report are served on the candidate when the candidate would be appearing before the committee either on 21-12-2002 or on 23-12-2002. The Court also directed the candidate to file reply and appear before the Committee on 27-12-2002 and submit the list of witnesses if the candidate so desire to adduce oral evidence this court further directed the Scrutiny committee that the review proceedings should be completed as expeditiously as possible and in any case before 24-1-2003. This Court further directed the respondent Scrutiny committee to serve a copy of the judgment and order on the candidate before 31-1-2003. It appears that a challenge to this order at the behest of the candidate in the Supreme Court came to be withdrawn by the candidate. The respondent Scrutiny Committee, in pursuance to the order of this Court, heard the candidate and invalidated the caste claim of the candidate as belonging to Mahar, Scheduled Caste. The judgment and order invalidating the caste claim of the petitioner, pursuant to the reopening of this issue, is the subject-matter of challenge in writ Petition No. 337 of 2003.