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2010 Supreme(Bom) 1710
In the High Court of Bombay at Aurangabad
THE HONOURABLE MR. JUSTICE S.S. SHINDE
Narsanna Naganna Arge
Versus
Assistant Registrar, Co-operative Societies & Others
WRIT PETITION NO.10896 OF 2010
Decided on: 08-12-2010
For the Petitioner:Mahesh S. Deshmukh, Advocate.
For the Respondents:R1, R2 & R4, Smt. V.A. Shinde, A.G.P., R3, Smt. Meghana V. Reddy, Advocate.
The main legal point established is the importance of valid and consistent caste certificates in determining the eligibility of candidates to contest elections.
Headnote:
Caste Certificate - Election Dispute - Maharashtra Co-operative Societies Act, 1960, Section 152 - The court discussed the validity of caste certificates and their impact on the eligibility of a candidate to contest an election. The judgment highlighted the fraudulent issuance of two different caste certificates to the same individual and the court's decision to quash the order allowing the candidate to contest the election.
Fact of the Case:
The petitioner challenged the order allowing the respondent to contest an election based on a caste certificate issue. The respondent had obtained two different caste certificates, one showing subcaste 'Golla' from N.T. Category and another showing subcaste 'Gollewar' from OBC category.
Finding of the Court:
The court found that the respondent had obtained two conflicting caste certificates and played fraud on the authorities. The court quashed the order allowing the respondent to contest the election and directed the Superintendent of Police to investigate the matter.
Issues: Validity of caste certificates, fraudulent issuance of multiple caste certificates, interference in election process.
Ratio Decidendi: The court held that allowing individuals with conflicting caste certificates to contest elections would hinder fair elections and ordered an investigation into the fraudulent issuance of caste certificates.
Final Decision: The court quashed the order allowing the respondent to contest the election and directed the Superintendent of Police to investigate the fraudulent issuance of caste certificates.
ORAL JUDGMENT: 1. This writ petition is directed against the order dated 24th November, 2010 passed by the Respondent No.1 Assistant Registrar, Cooperative Societies, Dharmabad, Dist. Nanded in Appeal preferred by Respondent No.3. Rule. Rule is made returnable forthwith and by consent of the parties taken up for final hearing.
2. The petitioner herein is a member of the Seva Sahakari Sanstha Maryadit, Yetale, Tq. Dharmabad, Dist. Nanded. The election programme for the election of the said society was published on 25th October, 2010. It is the case of the petitioner that the respondent No.3 filed nomination form from OBC Reserved category for contesting the election of the said society. The Returning Officer – respondent NO.2 rejected the nomination form after scrutiny. The Returning Officer found that the certificate produced by the respondent No.3 mentions that he belongs to sub-caste Golla, which comes under N.T. Category and is at Sr.No.9 in the list of Nomadic Tribes in Maharashtra as published by the Government. The Returning Officer, upon perusal of the caste certificate, found that the respondent NO.3 belongs to caste Golla, which comes under N.T. Category, who wished to contest the election from OBC category. After scrutiny of the nomination form, the Returning Officer rejected the nomination form of the respondent No.3.
3. Being aggrieved by the said order, the respondent No.3 herein filed appeal before the Assistant Registrar, Cooperative Societies, Dharmabad under Section 152 of the Maharashtra Co-operative Societies Act, 1960. The Assistant Registrar – respondent No.1, without setting aside the order of the Returning Officer rejecting the nomination form of respondent No.3, directed the Returning Officer to accept the nomination form of the respondent No.3 for contesting the election of the said Society from OBC reserved category. Hence, this petition.
4. The learned Counsel for the petitioner submits that the respondent No.3 herein produced caste certificate dated 15.7.1990 at Annexure (B), page 18 of the compilation of the writ petition with the nomination form before the Returning Officer and after scrutiny, the Returning Officer found that respondent NO.3 belongs to Golla subcaste, which comes under N.T. Category as mentioned in Government Resolution of Education and Social Welfare Department No.C.B.C. 136 M, dated 21st November, 1961, whereas, the respondent No.3 wanted to contest the election from OBC reserved category. Therefore, the Returning Officer rejected the nomination form of the respondent No.3. The learned Counsel for the petitioner submits that the respondent No.3 in appeal produced another caste certificate dated 27.7.1990 (Annexure “E” colly, page 31 of the compilation), issued by the same authority i.e. Taluka Executive Magistrate, Biloli wherein, the subcaste of the respondent No.3 has been mentioned as “Gollewar” which comes under OBC category at Sr.No.9 as mentioned in Government Resolution of Education and Social Welfare Department No.C.B.C.136 M, dated 21st November, 1961. The learned Counsel for the petitioner submits that the respondent No.3 has obtained two caste certificates dated 15.7.1990 and 27.7.1990 from the same authority, showing “Golla” caste from N.T. Category and “Gollewar” subcaste from OBC category. In fact, both these castes have been mentioned in the List of Nomadic Tribes at Sr.No.9. Therefore, the learned Counsel would submit that the respondent No.3 has played fraud on the authorities and submitted certificates as per his convenience one before the Returning Officer and another before the appellate authority. The appellate authority, without ascertaining the correctness of the caste certificate of the respondent No.3, wrongly allowed his appeal directing the Returning officer to permit the respondent NO.3 to contest the election.
5. In pursuance to the notice issued by this Court on 1st December, 2010, the contesting respondent NO.3 is represented through coun
