RADHABAI CHARANSINGH CHAWARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner, who has been elected as Municipal Councilor of Municipal Council, Wardha, takes exception to the order passed by respondent No.3 Collector disqualifying her from membership of Municipal Council, Wardha, because her caste certificate has been cancelled by respondent No.2 the Divisional Caste Scrutiny Committee, Nagpur.

(2.) According to the petitioner, she was born on 10-6-1963 in Adilabad District (Andhra Pradesh), where her father was serving in the Railways. Her father belonged to Mehtar community, which is recognized as Scheduled Caste in Andhra Pradesh. On 9-2-1981, she was married to Charansingh Chaware, resident of Wardha, who also belongs to Mehtar community, which is recognized as Scheduled Caste in State of Maharashtra. Since her marriage, she has been residing with her husband at Wardha in State of Maharashtra, that is for about 25 years. She, therefore, claims to be ordinary resident of State of Maharashtra. She had obtained a certificate from the Sub-Divisional Officer, Wardha, to the effect that she belonged to Scheduled Caste. She contested election to the Municipal Council, Wardha, and was elected from the ward reserved for Scheduled Caste women in December 1991 and 1996. Again, while contesting election for the third time, she obtained requisite caste certificate from the Sub-Divisional Officer on 8-7-2004 and again successfully contested municipal election and was declared elected on 27-11-2006.

(3.) The petitioners caste certificate had been referred to the Caste Scrutiny Committee, which held, by its order dated 13-12-2006, that the petitioner was not entitled to claim the benefit of reservation and her caste certificate granted by the Sub-Divisional Officer on 8-7-2004 was cancelled. As a result of cancellation of such caste certificate, the Collector, Wardha, cancelled her election as Municipal Councilor. Aggrieved thereby, she has filed the present petition challenging the order passed by the Caste Scrutiny Committee on several grounds.