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2007 Supreme(Bom) 1548

NARESH H.PATIL, R.M.BORDE
Shivling s/o Umrao Jadhav – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared
Shri. A.S. Golegaonkar, Advocate for the petitioner.
Shri. Umakant K Patil, Assistant Government Pleader, for respondents Nos.1,2 and 3.
Shri. V.D. Salunke, Advocate, for respondent No.4. (2)

JUDGMENT (Per Naresh H Patil, J.)

1) These two petitions raise identical challenge, therefore, they are being disposed of by a common judgment and order.

2) Rule, made returnable forthwith by consent of the learned counsel for the parties.

3) The issues raised before us are :- (a) Whether the Collector was empowered under the provision of Sections 14 and 16 of the Bombay Village Panchayats Act, 1958 (for short, "the Act, 1958") to disqualify a member of Village Panchayat on the ground that the caste certificate was not issued by the competent issuing authority in favour of such member?; and, (b)Whether the Scrutiny Committee under the provisions of the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 (for short, "the Act 23 of 2001") has jurisdiction to enquire into genuineness of a caste certificate and investigate into the allegation of forged or bogus caste certificate and decide the issue of verification and validity of the caste claim?"

4) The petitioners contested the election to the Gram Panchayat Ramt





















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