The probative value of pre-constitutional documents and the importance of establishing relationships with forefathers in validating caste claims.

JUDGMENT

Vinay Joshi, J. - Rule. Rule made returnable forthwith. Heard finally by consent of parties.

2. The subject matter of challenge in this Petition is the order dated 15th February, 2019 passed by Respondent No. 2 District Caste Scrutiny Committee, Kolhapur (Scrutiny Committee) validating the caste certificate of Respondent No.1 Sandip Jaywant Davar belonging to Kunbi caste, recognized as Other Backward Class ("OBC"), which is at Serial No. 83 under Government Resolution dated 13th October, 1967, as amended from time to time.

3. The brief facts of the Petition are that the election of the Gram Panchayat in village Farale of Radhanagari Tahsil, Kolhapur district was held on 28th May, 2018. As per the reservation policy, the post of Sarpanch for Village Farale was reserved for a candidate belonging to OBC. On the basis of the caste certificate issued by the SDO, Radhanagri-Kagal, dated 5th May, 2018, Respondent No.1 contested the election for the post of Sarpanch and got elected. The Petitioner also belongs to OBC caste, who equally contested the election for the post of Sarpanch but could not succeed.

4. After the election, the Respondent No.1 has submitted his caste certificate to the Scrutiny Committee for the purpose of verification and validation of his caste claim. The Petitioner raised several objections before the Scrutiny Committee. The Petitioner interalia also alleged that the claim of the Respondent No.1 was based on false and fabricated documents. According to the Petitioner, the Scrutiny Committee has not considered the objections in its proper perspective, resulting into issuance of a validity certificate, which is ex-facie illegal. It is the Petitioner's case that the Respondent No.1 has relied on pre-constitutional documents of three persons, who were not related to him. It is contended on behalf of the Petitioner that initially Respondent No.2 Caste Scrutiny Committee on the basis of the vigilance squad report and the documents on record, was not satisfied about the caste claim of the Respondent No.1 and accordingly, Respondent No.2 had issued a show cause notice dated 1st October, 2018 to the Respondent No.1 calling upon him to prove his caste claim. However, the Respondent No.2 Committee by relying on some additional documents tendered, validated the caste claim of Respondent No.1. In short, it is the Petitioner's grievance that the Scrutiny Committee erred in issuing validity on the basis of tainted documents, resulting in the miscarriage of justice.

5. Per contra, the learned Advocate for Respondent No.1 submitted that his caste claim was well founded on pre-constitutional documents of his forefathers. The Scrutiny Committee has properly appreciated the old documents and on its complete satisfaction has validated his caste claim. The Respondent has also produced revenue documents to substantiate his caste claim and ultimately prayed for rejection of the Petition.

6. We have heard the rival submissions and carefully gone through the impugned order as well as the supporting documents filed by the parties. The Sub-Divisional Officer, Radhanagri-Kagal, DistrictKolhapur has issued a caste certificate dated 5th May, 2018 in favour of the Respondent No.1 showing his caste as Kunbi, which is recognized as OBC. The Respondent No.1 got elected for the post of Sarpanch, which was reserved for OBC category. As per requirement, the Respondent No.1 forwarded his caste claim to the Scrutiny Committee for verification and validation of the same. In turn, the Scrutiny Committee sent the papers for vigilance inquiry. Initially, the Respondent No.1 submitted a genealogical tree showing that the progenitor Balku @ Bala Ganu Davar was having only son, viz., Hari, who was his great-grandfather.

7. The Vigilance Cell inquired and investigated the caste claim and submitted its report dated 21st September, 2018 to the Committee. Thereafter, the Scrutiny Committee served a show-cause notice dated 1st October, 2018 on the Respondent N