SHAMSHODDIN SUJAODDIN KHATIB Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule came to be issued by this Court in this petition on 5.6.2007. Since the challenge which is raised in this petition is in a very narrow compass, a request was made on behalf of learned counsels representing the respective parties to hear this petition finally out of turn though this petition would not have been listed before the court as per its turn. Acceding to the request made by learned Counsels for the parties, we have heard this petition finally today.

(2.) An order which is impugned in this petition is dated 18.01.2007, which is annexed to the petition at EXHIBIT-C, by which caste certificate of the petitioner which had been referred to Respondent No.2-Scrutiny Committee by Collector, Beed for verification, came to be returned without verification on the ground that the petitioner, who had submitted his nomination for contesting the election, had chosen to withdraw the said nomination. Reliance is placed by Sri C.K.Shinde, learned Counsel representing Respondent No.2-Committee on Section 6 of the Act.

(3.) Merely because the petitioner had withdrawn the nomination form, it cannot be said that the petitioner is not intending to derive any benefit on the basis of his caste certificate as the petitioner had submitted his nomination form for contesting the election, but thereafter had chosen to withdraw the same. Prior to withdrawal of the nomination form, the petitioner had obviously evinced his desire in seeking benefit on the basis of reservation. According to us, therefore, since the caste certificate had been forwarded by the Collector, Beed, respondent no.2- Scrutiny Committee ought to have verified the caste certificate though the petitioner in that situation would not be entitled to claim that the Scrutiny Committee should evaluate his caste certificate within a period of six months. We, therefore, allow this petition and quash and set aside the impugned order and direct Respondent no.2-Scrutiny Committee to decide and verify the caste certificate of the petitioner as per its turn. Rule is made absolute accordingly. In the circumstances, there will be no order as to costs.