2020 Supreme(Bom) 857

IN THE HIGH COURT OF BOMBAY
R.D. Dhanuka, Madhav J Jamdar, JJ.
Mandakani Kachru Kokane @ Mandakani Vishnu Godse - Appellant
Versus
State Of Maharashtra Tribal Development Department - Respondent
Writ Petition (St) No. 5573 of 2020
Decided On : 27-10-2020

THE TIME LIMIT OF TWELVE MONTHS PRESCRIBED IN THE TWO PROVISOS TO SECTION 9-A OF THE MAHARASHTRA MUNICIPAL COUNCILS NAGAR PANCHAYATS AND INDUSTRIAL TOWNSHIPS ACT, 1965, WITHIN WHICH AN ELECTED PERSON IS REQUIRED TO PRODUCE THE VALIDITY CERTIFICATE FROM THE SCRUTINY COMMITTEE IS MANDATORY.

Headnote:

CASTES - VALIDITY CERTIFICATE - [ACT SECTION LISTED] - THE COURT HELD THAT THE PETITIONER FAILED TO ESTABLISH THAT SHE BELONGS TO THE KUNBI CASTE. THE COURT FURTHER HELD THAT THE PETITIONER WAS AUTOMATICALLY DISQUALIFIED AS COUNCILOR IN VIEW OF THE PETITIONER NOT HAVING SUBMITTED THE VALID CASTE VALIDITY CERTIFICATE WITHIN ONE YEAR OF BEING ELECTED.

Fact of the Case:

THE PETITIONER CONTESTED FOR THE DIRECT POST OF SARPANCH OF THE GHOTI (K) GRAM PANCHAYAT FOR THE PERIOD 2019-2024 WHICH WAS SPECIFICALLY RESERVED FOR OBC CANDIDATES. THE PETITIONER WAS ELECTED FOR THE SAID POST OF SARPANCH ON 26.06.2019. THE PETITIONER HAD OBTAINED THE CASTE CERTIFICATE FOR "KUNBI" OTHER BACKWARD CASTE DATED 6.04.2017 FROM THE OFFICE OF SDO, IGATPURI, TRAMBAKESH SUB-DIVISION, NASHIK. THE PETITIONER AT THE TIME OF SUBMITTING NOMINATION FORM FOR THE POST OF SARPANCH HAS GIVEN UNDERTAKING THAT SHE WOULD SUBMIT THE CASTE VALIDITY CERTIFICATE WITHIN THE PERIOD OF ONE YEAR FROM THE DATE OF DECLARATION OF THE ELECTION RESULT. THEREFORE, THE PETITIONER FILED APPLICATION DATED 28.05.2019 ALONGWITH RELEVANT DOCUMENTS WITH THE DISTRICT CASTE CERTIFICATE SCRUTINY COMMITTEE, NASHIK (HEREINAFTER REFERRED TO AS "THE COMMITTEE"). THE RESPONDENT NO.3 WHO HAD UNSUCCESSFULLY CONTESTED ELECTION FOR THE POST OF SARPANCH AGAINST PETITIONER LODGED OBJECTIONS DATED 16.07.2019, 16.09.2019 AND 17.09.2019. THE PETITIONER IN THE WRIT PETITION HAS CONTENDED THAT BEFORE THE COMMITTEE, IN ORDER TO ESTABLISH THAT SHE BELONGS TO KUNBI (OTHER BACKWARD CASTE) HAD INTER-ALIA SUBMITTED FOLLOWING DOCUMENTS:- (I) THE GENEALOGY OF HER FAMILY. (II) CERTIFICATE OF CHILD BIRTH ISSUED TO BHIVA TRAMBAK KOKANE, UNDER VILLAGE FORM NO. 14 OF THE YEAR 1893 OF VILLAGE SANSARI.(THIS DOCUMENTS IS IN "MODI" SCRIPT.) (III) AFFIDAVIT DATED 4.10.2019 OF PIRZADA HAFIJ AHMAD JAINODDIN, WHO HAS TRANSLATED THE CERTIFICATE AT SR. NO. (II). (IV) TRANSLATION IN MARATHI OF CERTIFICATE AT SR. NO. (II). (V) VILLAGE FORM NO. 14 WHICH IS AN EXTRACT OF BIRTH AND DEATH SHOWING ENTRY OF DEATH OF PARVATI BHIVA KOKANE IN THE YEAR 1917, WHEREIN THE CASTE IS MENTIONED AS "KUNBI". (VI) REVENUE RECORD SHOWING THE MUTATION ENTRIES AS WELL AS OTHER REVENUE ENTRIES INDICATING HOW THE FAMILY TREE TALLIES WITH REVENUE RECORD AND BHIVA TRAMBAK KOKANE ANDPARVATI BHIVA KOKANE ARE RELATED TO THE PETITIONER. (VII) CASTE VALIDITY CERTIFICATE ISSUED TO ROHIT KOKANE, THE NEPHEW OF THE PETITIONER WAS SUBMITTED IN THE COURSE OF HEARING BEFORE THE COMMITTEE.

Finding of the Court:

THE COURT FOUND THAT THE PETITIONER FAILED TO ESTABLISH THAT SHE BELONGS TO THE KUNBI CASTE. THE COURT FURTHER FOUND THAT THE PETITIONER WAS AUTOMATICALLY DISQUALIFIED AS COUNCILOR IN VIEW OF THE PETITIONER NOT HAVING SUBMITTED THE VALID CASTE VALIDITY CERTIFICATE WITHIN ONE YEAR OF BEING ELECTED.

Issues: 1. WHETHER THE IMPUGNED ORDER DATED 25.06.2020 PASSED BY THE DISTRICT CASTE CERTIFICATE SCRUTINY COMMITTEE, NASHIK IN CASE NO. 3809 OF 2019 IS LEGAL AND VALID ? 2. WHETHER THE PETITIONER WAS AUTOMATICALLY DISQUALIFIED IN VIEW OF THE PETITIONER NOT HAVING SUBMITTED VALID CASTE VALIDITY CERTIFICATE WITHIN ONE YEAR OF DECLARING ELECTED? 3. WHETHER THE PETITIONER IS ENTITLED FOR EXTENSION OF TIME PERIOD FOR SUBMITTING CASTE VALIDITY CERTIFICATE AS PRESCRIBED UNDER SECTION 30 (1A) OF THE MAHARASHTRA VILLAGE PANCHAYAT ACT, 1958, IN VIEW OF THE COVID PANDEMIC AND CONSEQUENTLY THE COMMITTEE NOT FUNCTIONING FOR ABOUT FOUR MONTHS ?

Ratio Decidendi: THE COURT HELD THAT THE PETITIONER FAILED TO ESTABLISH THAT SHE BELONGS TO THE KUNBI CASTE. THE COURT FURTHER HELD THAT THE PETITIONER WAS AUTOMATICALLY DISQUALIFIED AS COUNCILOR IN VIEW OF THE PETITIONER NOT HAVING SUBMITTED THE VALID CASTE VALIDITY CERTIFICATE WITHIN ONE YEAR OF BEING ELECTED.

Final Decision: THE COURT REJECTED THE PETITIONER'S PRAYER CLAUSE (A) SEEKING DIRECTION TO QUASH AND SET ASIDE ORDER DATED 25.06.2020 PASSED BY THE DISTRICT CASTE SCRUTINY COMMITTEE, NASHIK IN CASE NO. 3809 OF 2019. THE COURT FURTHER DIRECTED ALL THE DISTRICT CASTE SCRUTINY COMMITTEES TO DISPOSE OF THE MATTERS WHICH ARE COVERED BY THE MANDATORY PERIOD OF TWELVE MONTHS AS PROVIDED IN SECTION 10-1A AND SECTION 30 (1A) OF THE MAHARASHTRA VILLAGE PANCHAYAT ACT, 1959, SECTION 9 (A) OF THE MAHARASHTRA MUNICIPAL COUNCILS, NAGAR PANCHAYAT AND INDUSTRIAL TOWNSHIPS ACT, 1965, IN SECTION 5B OF THE MUMBAI MUNICIPAL CORPORATION ACT, 1888 AND SECTION 5B OF THE MAHARASHTRA MUNICIPAL CORPORATION ACT, 1949 AS EXPEDITIOUSLY AS POSSIBLE AND IN ANY CASE WITHIN A PERIOD OF EIGHT MONTHS SUBJECT TO CERTAIN CONDITIONS.