2022:BHC-AS:3852-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8802 of 2017 Mrs. Ruksana Shamshuddin Inamdar nee Ruksana Gulam Husain Khan, r/at: Lane No.B12, Near Dr. Godbole, Sayed Nagar, Hadapsar, Pune 411 028. ... Petitioner v/s.

1. The District Caste Certificate Validity Committee, Jail Road, Behind Comer Zone IT Park, Yerawada, Pune 411 006.

2. The State of Maharashtra, (through the Principal Secretary, Social Welfare Department, Mantralaya, Mumbai 400 032.

3. Mrs. Sarika Dattatraya Shinde, R/at: 315, Near Vaiduwadi Talim, Hadapsar, Pune 411 028.

(Original Opponent No.1)

4. Mrs. Tanabai Govind Lakde, R/at – Survey No.315, B Vaiduwadi, Hadapsar, Pune 411 028.

(Original Opponent No.2).

5. Mrs. Usha Ashok Lakde, R/at – Survey No.315, Vaiduwadi, Near Bholenath, Hadapsar, Pune 411 028.

(Original Opponent No.3)

6. The Municipal Corporation of the City of Pune, (through Dy. Commissioner (Election)}, Shivajinagar, une 411 005.

7. The Commissioner, Municipal Corporation of the City of Pune Shivajinagar, Pune 411 005. … Respondents Mr. Jayesh Kotecha, Advocate a/w. Mr.Chandrakirti Zende, Advocate for the Petitioner.

Ms. A.A.Purav, AGP for Respondent-State.

Mr. Bhooshan R. Mandlik i/b. Mr.S.S. Patwardhan for Respondent No.3.

Mr. Abhijeet Kulkarni for Respondent No.6.

Ms. Rupali Andhare, law officer – present in the Court.

CORAM : A.A.SAYED &

S.G.DIGE, JJ.

DATE: 24 FEBRUARY 2022 (THROUGH V.C.)

JUDGMENT (Per S.G.Dige,J)

By this Petition, the Petitioner is challenging the order dated 11/07/2017 passed by Respondent No.1-Caste Scrutiny Committee (for short ‘Scrutiny Committee’) invalidating the Caste Certificate of the Petitioner as ‘Muslim Machchhimar (Daldi)’ .

2. The Divisional Officer, Pune issued a caste certificate in favour of petitioner on 17/01/2017 as Muslim Machchhimar (Daldi). The Petitioner submitted an application to the Scrutiny Committee, Pune for verification and validation of her caste certificate. The Petitioner contested the general elections of Pune Municipal Corporation from Ward No.24B, Ramtedki – Sayed Nagar, Pune as an independent candidate for the seat which was reserved for OBC (Woman) category. The Petitioner was declared as elected as an independent candidate. The Scrutiny Committee sent the matter to the Vigilance Cell for enquiry. Accordingly, the Vigilance Cell made enquiry in respect of caste claim of Petitioner and submitted report to the Scrutiny Committee. After receiving Vigilance report, the Scrutiny Committee issued a show- cause notice to the Petitioner. Petitioner submitted her reply to the show-cause notice. Before the Scrutiny Committee, respondent nos.3, 4 and 5 have objected for issuance of validity of the caste certificate to the petitioner. After hearing the parties the Scrutiny Committee passed the order and rejected the caste claim of the Petitioner. The said order is under challenge. During pendency of Petition, Petitioner amended the Petition and sought some additional reliefs.

3. It is the contention of learned Counsel for the Petitioner that the Petitioner is resident of Pune. Her forefathers were from Dapoli. Earlier they were residing together at Dapoli, Taluka – Dapoli, Dist. Ratnagiri and traditional occupation of her family was fishing. They are recognized as “Muslim Machchhimkar (Daldi)”. Learned Counsel further submitted that Scrutiny Committee has not considered various documents produced by Petitioner alongwith her reply to the show-cause notice, the said documents were not taken on record by the Scrutiny Committee, which shows the Petitioner belongs to “Muslim Machchhimkar (Daldi)”. The Petitioner’s family was engaged in business of selling of fish but this fact was not considered by Scrutiny Committee. From Vigilance Cell report it is revealed that in local enquiry the witnesses have stated that Petitioner belongs to “Muslim Machchhimkar (Daldi)” but the said fact was not considered by the Scrutiny Committee. The order passed by Scrutiny Committe