MOHD HUSSAIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this petition, under Article 226 of the Constitution of India, the petitioner prays for quashing and setting aside the order of respondent No. 2-Scrutiny Committee dated 17/27th April, 2007, invalidating the tribe claim of the petitioner as belonging to "momin". The petitioner, who had contested the election of Municipal Corporation, Mumbai, had submitted certain certificates which came to be referred for verification to the respondent No. 2-Scrutiny committee. Respondent No. 2-Scrutiny Committee, for the reasons, which are to be found in the impugned order, has invalidated the tribe claim of the petitioner.

(2.) Mr. S. B. Talekar, learned Counsel appearing on behalf of the petitioner, has urged before us that the documents submitted by the petitioner are enlisted in the order of the Scrutiny Committee in the chart, which forms part of the judgment of the Scrutiny Committee and the respondent-Scrutiny Committee has misappreciated the documents at serial Nos. 11, 12, 13, 14, 18 and 20. Discussion in respect of the aforesaid documents is to be found in the judgment.

(3.) We are satisfied with the reasons ascribed by respondent-Scrutiny committee for not placing any reliance whatsoever on the aforesaid documents. Document at Serial No. 11 is an affidavit sworn by one Shaikh Musa Shaikh yusuf and document at serial No. 12 is a validity certificate issued to Shaikh musa Shaikh Yusuf, In the affidavit of Shaikh Musa Shaikh Yusuf he had stated that he was close relative of the petitioner and, therefore, the petitioner banks very heavily on the validity certificate issued to the said relative. Respondent-Scrutiny Committee has observed that though there was similarity of names, no reliance at all could be placed upon the aforesaid validity certificate issued to shaikh Musa Shaikh Yusuf. According to Shri Talekar, learned Counsel appearing on behalf of the petitioner, the affidavit has been sworn by Shaikh musa Shaikh Yusuf in which it is stated that the petitioner is cousin of Shaikh musa Shaikh Yusuf and, therefore, in the absence of any adequate reasons, the said validity certificate ought to have been relied upon by the respondent-Scrutiny committee and the tribe claim of the petitioner ought to have been validated on its basis. Countering this submission, Mr. B. L. Sagar-Killarikar, learned Counsel appearing on behalf of respondent No. 2 - Scrutiny Committee, has brought to our notice that in the affidavit submitted by Shri Shaikh Musa Shaikh Yusuf, no genealogy had been produced and no genealogy had been proved either by the petitioner or Shaikh Musa Shaikh Yusuf. Mere bald statement or bald assertion by shaikh Musa Shaikh Yusuf that he was a relative by itself would not be enough to place implicit reliance upon the validity certificate issued in favour of Shaikh Musa shaikh Yusuf. In order to assure ourselves if the genealogy had been proved or tendered either by the petitioner or Shaikh Musa Shaikh Yusuf, we have perused the affidavits which had been submitted on behalf of Shaikh Yusuf before the respondent-Scrutiny Committee. A copy of the affidavit has also been annexed to the petition. Upon perusal, we find that no genealogy had either been referred to, tendered or proved by Shaikh Yusuf or by the petitioner.