RAHEMAN KHAN AHMED KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule.

(2.) The petitioner has filed this petition and challenged the order passed by the Regional Caste Scrutiny Committee, Nasik Region, Nasik dated 8/9-7-1998 holding that the caste certificate issued to the petitioner by the Executive Magistrate, Dhule dated 9-7-1990 is declared illegal and the claim of the petitioner that he belongs to Julaha or other backward class is held to be invalid. It is the case of the petitioner that the petitioner belongs to Julaha caste which is notified as other backward class in Muslim Community. The petitioner has placed reliance before the said authority on certain documents viz. the school leaving certificate of the petitioner issued by the Head Master, Municipal Council School, Board School No.7, Nandgaon; the cast certificate dated 9-7-1996 of the petitioner issued by the Executive Magistrate, Dhule and the caste certificate dated 8-8-1978 in respect of the petitioner's father's cousin brother Ahmed Khan Imam Khan and the other documents viz. affidavit of Ahmed Khan dated 2-5-1998 and the domicile certificate of the petitioner and the birth certificates of Abdul Jaffer Manulla, Ibrahim Manmulla, Abdul Rahim Manulla. On the basis of the said caste certificate, the petitioner contested election from Ward No.28 of Malegaon Municipal Council which was unreserved category for other backward class candidate. In the said elections held on 2-12-1996 the petitioner was declared elected as Municipal Council.

(3.) Respondent No.3 who lost the election has filed the election petition before the Additional District Court, Malegaon and also filed complaint before the Returning Officer against the petitioner that the caste certificate produced by the petitioner is false and the same is required to be verified by the competent authority. By virtue of the complaint filed by respondent No.3, the case of the petitioner in respect of the said certificate was referred to before the Regional Caste Scrutiny Committee. It is also averred by the petitioner that in view of the directions given by the High Court in Writ Petition No.5589 of 1997, respondent No.2 the Regional Caste Scrutiny was directed to decide and dispose of the query in respect of the petitioner's caste certificate. The petitioner has submitted eight documents in support of his case before respondent No.2, Regional Caste Scrutiny Committee showing that the petitioner belongs to Julaha caste (other backward class). The school leaving certificate issued by the Head Master, Nandgaon also shows that the petitioner is Musalman (Julaha). By virtue of the school leaving certificate the Executive Magistrate, Dhule has issued caste certificate in favour of the petitioner dated 9-7-1990.