wp.2035.21.doc

Ajay /Amberkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 2035 OF 2021

Ranjit Prakash Gaikwad,

Aged 28 years, resident of Shinde Wadi,

Kasar Sai, Tal. Mulshi,

Dist. Pune - 412 115

..

Petitioner

Versus

1. State of Maharashtra

Through its Secretary, Social Justice

Department, Mantralaya, Mumbai - 400 032

2. District Caste Certificate

Certificate Scrutiny Committee Pune District,

Pune, through its Member Secretary, having

its ofce at Jail Road, Commerce zone,

behind IT Park, Yerwada,

Dist. Pune - 411 003

3. Collector, Pune. Dist . Pune

4. Vinayak Sunil Raut,

Resident of Kasar Amboli,

Tal. Mulshi, Dist. Pune - 412 115

..

Respondents

................…

Mr. R.K. Mendadkar, Advocate for the Petitioner

Mr. R.S. Pawar, AGP for Respondent Nos. 1 to 3

Mr. T.D. Deshmukh, Advocate for Respondent No.4

...................

CORAM : S.J. KATHAWALLA &

MILIND N. JADHAV, JJ.

DATE : 14 FEBRUARY, 2022

ORDER [ Per S.J. Kathawalla & Milind N. Jadhav, JJ.]:

.

By the present Writ Petition, the Petitioner has prayed for the

following reliefs:

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SWAROOP

SHARAD

PHADKE

Digitally signed by

SWAROOP

SHARAD PHADKE

Date: 2022.02.19

17:25:06 +0530

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"(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 16^th 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

Ofcer, Maval - Mulshi Sub-Division, District Pune issued Caste Certificate

dated 9^th 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 9^th

December 2020 issued to the Petitioner by raising various issues pertaining to

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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 Ofcer

submitted a detailed report dated 15^th March 2021 to the Committee.

2.5.

The Committee issued show cause notice dated 16^th March

2021 to the Petitioner and directed the Petitioner to appear before the

Committee for a hearing on 25^th 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 9^th December 1924 and 2^nd

January 1925 showing their caste as "Kunbi", as the