In cases of false and bogus caste validity certificates, it is not necessary to approach the Caste Scrutiny Committees, and the Commissioner has the authority to disqualify a candidate.

JUDGMENT :

1. Heard.

2. Rule. The Rule is made returnable forthwith. The learned A.G.P. and the learned Advocates for the respective respondents waive service. With the consent of both the sides, the matter is heard finally at the stage of admission.

3. By way of this petition under Article 227 of the Constitution of India, the petitioner is challenging the order of respondent No.1 – Divisional Commissioner, dated 15.11.2019, whereby application preferred by him under Section 40 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (“the Act”, for short), seeking disqualification of respondent No.4 for filing a false and bogus caste validity certificate while filing nomination form for election to a Panchayat during the election in the year 2012 wherein she was elected from O.B.C. category, has been rejected.

4. Mr. P.R. Katneshwarkar, the learned Advocate for the petitioner would submit that the caste validity certificate tendered by respondent No.4 as Maratha Kunbi, which falls under the O.B.C. category, while filing the nomination form, was false and bogus. The concerned Caste Scrutiny Committees at Yeotmal as well as Amravati, constituted under the Maharashtra Scheduled Castes, Scheduled Tribes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 (hereinafter referred to as “the Act of 2000”), had flatly denied to have issued the caste validity certificate. Based on such a report, even this Court in Criminal Writ Petition No.418/2019, by the order dated 09.04.2019, had directed to register an offence against respondent No.4 for filing such a false and bogus caste validity certificate.

The learned Advocate would submit that since it is a matter of submission of a false and bogus caste validity certificate, there is no need to approach the Caste Scrutiny Committee constituted under the Act of 2000 and respondent No.1 – the Commissioner could have validly declared respondent No.4 to be disqualified. He would submit that the issue is no more res integra. In the case of Kalpana Dilip Bahirat Vs. Pune Municipal Corporation & ors.; Civil Appeal No.4805 of 2013 arising out of Special Leave Petition (C ) No.19296 of 2013, by the judgment and order dated 27.06.2013, the Supreme Court has made it quite clear that in case of false and bogus caste validity certificate, it was not necessary to approach the Caste Scrutiny Committees and the Commissioner could disqualify a candidate. The facts in the matter in hand being exactly similar to the one obtaining before the Supreme Court, it is rather an open and shut case for respondent No.4 to be disqualified. Though the decision of the Supreme Court was cited before respondent No.1, he has refused to exercise the jurisdiction vested in him on unsustainable grounds. He has taken a view which is clearly contrary to the mandate of law as laid down by the Supreme Court and therefore, the impugned order being perverse, arbitrary and capricious, needs to be interfered with by this Court.

5. Mr. R.S. Deshmukh, learned Senior Advocate for respondent No.4, by referring to her affidavit-in-reply, would submit that she, in fact, belongs to O.B.C. category. She had obtained the caste certificate validly issued by the concerned Sub-Divisional Officer. The testimony of concerned Naib-Tahsildar was also recorded in the Election Petition initiated by a third person. Since the Election Petition was subsequently withdrawn, the objection did not sustain. He would then advert to Section 10 of the Act of 2000. He would submit that even if the caste validity certificate is questioned, so long as the Caste Scrutiny Committee does not declare it to be invalid or void, it has to be accepted to be genuine one. In fact, respondent No.1 – the Commissioner does not have any power and jurisdiction under Section 40 of the Act to undertake any exercise pursuant to the objection to a caste vali