RAJKUMAR SHIVLANGRAO GAULKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner contends that he belongs to Jangam, Other Backward Class. A caste certificate to this effect was issued on 20th March 1995 by the Taluka Executive Magistrate, Ahmedpur. The said caste certificate was sent for verification and the Caste Scrutiny Committee, respondent No. 2 herein, validated the caste claim of the petitioner as Jangam, Other Backward Class.

(2.) The petitioner contends that he had earlier applied for caste certificate as belonging to Mala Jangam, a Scheduled Caste. He was issued such a certificate on 18th July 1979 by the Executive Magistrate, Ahmedpur.

(3.) The petitioner contested the elections to the Zilla Parishad against a seat reserved for the backward class of citizens along with several candidates including respondent No. 4 - Navnath Ramrao Kotsulwar. The petitioner got elected to the Zilla Parishad from Hadolati Circle. A complaint was filed by respondent No. 4 dated 2132002 to the Returning Officer alleging that the petitioner was elected on a bogus caste certificate and had obtained a caste certificate in the year 1979 as belonging to Mala Jangam, Scheduled Caste. During the course of hearing of the caste claim of the petitioner, the Scrutiny Committee had issued a notice to the petitioner which was replied by the petitioner on 6112002 wherein, according to the petitioner, it was clarified that a xerox copy of the caste certificate dated 1871979 as Mala Jangam, Scheduled Caste issued by the Tahsil office Ahmedpur was forwarded to the scrutiny committee and the original was submitted already with the Tahsil office. The petitioner specifically contended that he did not avail of any benefits on the basis of the earlier caste certificate of Mala Jangam, Scheduled Caste, except availing benefit of scholarship amount available to the students in the year 197980 while the petitioner was studying in Shri. Havagiswami College, Udgir. But as the said scholarship was not sanctioned by the Government the amount of the scholarship, to the tune of Rs. 285 was returned to the college administration.