The main legal point established in the judgment is the requirement for a proper enquiry and verification of caste claims in accordance with 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 Rules, 2012.

JUDGMENT :

S.G. Dige, J

Rule. Rule made returnable forthwith. Heard finally by consent of all parties.

2. Both the Writ Petitions are directed against an order dt.17.7.2017 passed by Respondent No.2-Caste Scrutiny Committee, Pune, (for short ‘Scrutiny Committee’) validating the caste claim of Respondent No.1(Respondent No.3 in W.P.No.7717/2018) as ‘DagadPhodu’ (Vimukta Jati), We are disposing of both the petitions by way of this common Judgment.

3. The Divisional Officer, Junnar issued a caste certificate in favour of Shri Abdul Gafoor Ahmad Pathan (‘Respondent No.1’) on 16.10.2016 as ‘DagadPhodu caste’ (V.J.N.T.). On the basis of said certificate, Respondent No.1 contested the general election of the Pune Municipal Corporation (for short ‘Corporation’) for the period 2017-2022 against whom Mohammad Hussain Ishaque Khan, Petitioner No.1 in W.P. No.5618/2018 and Anuradha Madan Shinde, Petitioner No.2 in W.P.No.7717/2018 have contested the said election. Respondent No.1 was declared elected as a Councillor from Ward No.27A of the Corporation which was reserved for the Other Backward Class.

4. The Corporation asked Respondent No.1 to approach the Scrutiny Committee, Pune for validation of caste certificate. Respondent No.1 accordingly applied for validation of the caste certificate. The Petitioners objected to the same. The Scrutiny Committee directed the Vigilance Cell to verify the caste certificate of the Respondent No.1. After conducting local enquiry and verification of documents submitted by Respondent No.1, the Vigilance Cell submitted its Report to the Scrutiny Committee. After receipt of Vigilance Cell Report, the Scrutiny Committee called say of Respondent No.1. Considering the submissions of Petitioners’ and Respondent No.1 and documents produced on record and Vigilance Cell Report, the Scrutiny Committee was pleased to pass the impugned order thereby declaring that caste certificate issued in favour of the Respondent No.1 belonging to ‘DagadPhodu’ is valid. The said order is under challenge in present Petitions.

5. The contention of both learned counsel for Petitioners is that caste validity certificate of Respondent No.1 is wrongly issued. In Vigilance Cell Report, it is mentioned that there was no documentary evidence to support caste claim of Respondent No.1, but this fact was not considered by Scrutiny Committee. The Nikahnama of father of Respondent No.1 was considered while issuing caste validity certificate but it shows caste as “Sangatrash”. It is a fabricated document. An application was given to the Scrutiny Committee to allow the petitioners to cross-examine the concerned person from whose custody the said Nikahnama was produced but said application was rejected by the Scrutiny Committee. Therefore, the impugned order passed by Scrutiny Committee is illegal and needs to be set aside. They have placed reliance on the decision of Hon’ble Apex Court in the case of Ayaaubkhan Noorkhan Pathan v/s. State of Maharashtra & others, (2013) 4 Supreme Court Cases 465.

6. It is the contention of learned Counsel for Respondent No.1 that the Petitions are not maintainable as Petitioner No.1 in W.P.No.7717/2018 -Madan Dnyanoba Shinde had not contested the election against the Respondent No.1, hence, he has no locus standi to file the present Petition. Petitioner No.2 is the same person who has contested election against Respondent No.1, however, she has not signed or verified the Petition. The Petitioner No.2 was also not the Applicant in the Application filed before Scrutiny Committee in relation to the verification of Caste Certificate of Respondent No.1. Learned counsel further submitted that the Petitioner in companion Petition i.e. Civil Writ Petition No.5618/2018 contested the election on several occasions but got lowest votes every time. The learned counsel further submitted that the Caste Validity Certificate was granted to Respondent No.1 by following the due procedure. The Vigilance Cell conducted the enquiry with local