HIGH COURT OF BOMBAY
RANJIT PRAKASH GAIKWAD – Appellant
Versus
THE STATE OF MAHARASHTRA AND ORS – Respondent
WP 2035/2021
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
wp.2035.21.doc
"(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
Ofcer, 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
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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 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 the