The main legal point established is the requirement for a detailed vigilance inquiry and the importance of documentary evidence in proving caste claim under the Maharashtra Caste Certificate Rules.

JUDGMENT :

1. By the present Writ Petition, the Petitioner has prayed for the following reliefs:

“(a) This Hon’ble Court be pleased to issue Writ of Certiorari and or any other Writ, Order or Direction in the nature of Certiorari thereby quashing and setting aside the impugned order dated 9-4-2021 passed by the Respondent no. 2 committee with further direction to reconsider every aspects in accordance with law.

(a-1) That this Hon’ble Court be pleased to quash and set aside the order dated 16th July, 2021 passed by the Respondent No. 3 Collector thereby disqualifying the petitioner as a Member of Grampanchayat, Kasar Amboli, Tal. Mulshi, District Pune.”

2. Briefly stated the facts are as under:

2.1. Petitioner contested election from Ward No. 1 of Grampanchayat Kasar Amboli, Tal. Mulshi, District Pune, reserved for Other Backward Class (for short “OBC”). Petitioner claims to belong to “Kunbi” caste which is recognised as OBC in the State of Maharashtra. The Divisional Officer, Maval-Mulshi Sub-Division, District Pune issued Caste Certificate dated 9th December, 2020 to the Petitioner as belonging to Kunbi caste.

2.2. Respondent No. 4 contested Grampanchayat election from Ward No. 4 of Grampanchayat Kasar Amboli. Petitioner was declared elected in the election held in January, 2021 from Ward No. 1 whereas Respondent No. 4 stood defeated from Ward No. 4.

2.3. Respondent No. 4 filed a complaint with Respondent No. 2-District Caste Certificate Scrutiny Committee (for short “Committee”) against the Petitioner and challenged the Caste Certificate dated 9th December 2020 issued to the Petitioner by raising various issues pertaining to the genealogy of the Petitioner and the validity and genuineness of the documents filed by the Petitioner in support of his caste claim.

2.4. In view of the complaint, the Committee referred the case of the Petitioner to its Vigilance Cell for a detailed home, school and other enquiry as prescribed by law and called for its report. The Enquiry Officer submitted a detailed report dated 15th March 2021 to the Committee.

2.5. The Committee issued show-cause notice dated 16th March 2021 to the Petitioner and directed the Petitioner to appear before the Committee for a hearing on 25th March 2021. Petitioner was given a copy of the Vigilance Cell Report. Petitioner was specifically called upon to file his reply to the show cause notice to prove his caste claim and the documents filed in support thereto with respect to the birth and death extract of his two cognate ancestors in village Form No. 14 dated 9th December 1924 and 2nd January 1925 showing their caste as “Kunbi” as these documents were not traced during the enquiry conducted by the Vigilance Cell in the Revenue record of Village Kasar Amboli.

2.6. Petitioner filed reply dated 9th April 2021 to the show-cause notice and appeared before the Committee. He submitted that the extracts pertaining to the year 1924 and 1925 in respect of his cognate ancestors were issued by the concerned Revenue Authority i.e. Tehsil Office, Mulshi on the basis of record available in the Tehsil office.

2.7. On 9th April 2021, the Committee passed the impugned order invalidating, cancelling and directing confiscation of the caste certificate dated 9th December 2020 issued to the Petitioner on the grounds mentioned in the said order.

2.8. Being aggrieved Petitioner filed the present Writ Petition on 21st June 2021 challenging the order dated 9th April 2021 passed by the Committee.

2.9. On 21st June 2021, this Court after hearing the Petitioner on his grievance regarding the disqualification proceedings initiated by the Collector against him passed the following order:

“1. Respondent No. 3-Collector, Pune may proceed with the hearing fixed on 22.06.2021 at 11.00 a.m. However, in the event of the Collector passing an order which is against the Petitioner, the same shall not be implemented