KAWARSINGH KISHANSINGH BAINADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Petition under Article 226 of the Constitution of India, questions the correctness of the findings recorded by the respondent Scrutiny committee in its Judgment dated 21-2-2006 invalidating the tribe claim of the petitioner as belonging to "rajput Bhamta", Vimukta Jati.

(2.) The petitioner had contested the election of the Aurangabad Municipal corporation from a Ward which was reserved for Vimukta Jati. The petitioner on the strength of the certificate issued to him, contested the election and was declared as elected as Councillor. The claim of the petitioner as belonging to "rajput Bhamta" caste, as per the procedure came to be referred to the Scrutiny committee. The petitioner in support of his claim as belonging to "rajput bhamta" caste has tendered before the Committee about 15 documents. The documents submitted by the petitioner are enlisted in the order of the Scrutiny committee. The main plank on which the petitioner has based his claim of "rajput Bhamta" caste are :- (i) The school record of the petitioner in which his caste is recorded as "rajput Bhamta". (ii) The validity certificate issued to one Kapil Shivsingh Bainade, who is said to be a close relative of the petitioner from the paternal side.

(3.) The respondent Scrutiny Committee invalidated the tribe claim of the petitioner for various reasons. The respondent Scrutiny Committee found that no reliance whatsoever could be placed on the document at serial No. 2, which was the extract of the admission register pertaining to the petitioner dated 29-6-1969. This, admittedly was the oldest document available with the petitioner. The respondent Scrutiny Committee found that there was difference in the ink in respect of noting of the caste of the petitioner. This Court had called for the original register and the original register which was produced, was kept in the court's custody and the same is made available for our perusal when this Petition is called out for hearing. On perusal of the register, particularly entry at serial No. 25 reveals that the aforesaid entry pertains to the petitioner and in the column which is meant for recording the caste of the person, in a different ink in a vernacular, it is written as "r. B. ". This is obviously written to denote that the petitioner belongs to "rajput Bhamta" caste. The aforesaid writing relating to the caste is written in different ink and a different pen appears to have been used. While the entire register appears to be written in ink pen, the word "rajput bhamta" appears to have been written in dot pen. It also appears that word "rajput Bhamta" has been written subsequently. No explanation, much less satisfactory explanation, was tendered in respect of the entry regarding the caste of the petitioner. The Scrutiny Committee therefore found that since no reliance could be placed on the entry in this register pertaining to the Caste of the petitioner, no reliance also could be placed upon regarding his caste in the admission register of the Secondary School.