KANTABAI RAMCHANDRA SUTAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and, with the consent of the learned counsels for the parties, heard finally.

(2.) This petition under Art. 226 of the Constitution of India takes exception to an order dated 16th Aug. 2017 passed by the District Caste Scrutiny Committee, Satara whereby the claim of the petitioner of being a member of 'Sutar, Other Backward Class" has been negatived and consequently the caste certificate dated 22nd Sept. 2015 issued by the competent authority has been invalidated.

(3.) The background facts can be summarized as under :- The maiden name of the petitioner is 'Kantabai Krishna More'. In the year 1993, the marriage of the petitioner was solemnized with Ramchandra Kondiba Sutar. On the application of the petitioner, the competent authority issued a caste certificate, dated 22nd Sept. 2015, certifying that the petitioner belongs to "Sutar, Other Backward Class". The petitioner contested the election for the post of 'Member', Panchayat Samiti, Javali, District Satara, which was reserved for the Backward Class citizen (Woman). The petitioner was elected from the said electoral college. The petitioner applied to the respondent No.4-Scrutiny Committee for verification of her caste claim. The respondent No.4 Committee, after evaluation of the material, was persuaded to negative the claim of the petitioner of being a member of "Sutar, Other Backward Class". The Committee, thus, invalidated the caste certificate dated 22nd Sept. 2015 by the impugned order dated 16th Aug. 2017. The Committee noted that the material indicated the petitioner and her paternal relatives are members of "Hindu-Lohar", a recognized Nomadic tribe, and not "Sutar, Other Backward Class". The invalidation of the caste claim entails the consequence of disqualification for the elective office of member of the Panchayat Samiti, which the petitioner holds. Hence, this petition.