Case Note & Summary
The petitioner, Ku. Ranjana Wankhede, was elected as a member of Gram Panchayat Chatari on 20.01.2021 and subsequently as Sarpanch on 18.02.2021. Respondent No.6, who lost the election, lodged a complaint challenging the petitioner's caste claim as Kunbi (Other Backward Class). The District Caste Certificate Scrutiny Committee, Yavatmal, by order dated 16.03.2022, invalidated the petitioner's caste claim. Aggrieved, the petitioner filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court (Nagpur Bench). The petitioner contended that she had submitted various documents evidencing her Kunbi caste, including the oldest entry of 1932 relating to the birth of her aunt Kisnibai, which showed her grandfather Sitaram's caste as Kunbi. The petitioner argued that the Scrutiny Committee failed to consider this oldest document. The respondents, including the State and the complainant, opposed the petition. The High Court, after hearing the parties, observed that the Scrutiny Committee had not considered the 1932 birth entry, which was a crucial piece of evidence. The Court held that the failure to consider the oldest document rendered the impugned order unsustainable. Consequently, the Court set aside the order dated 16.03.2022 and remanded the matter to the Scrutiny Committee for fresh consideration, directing the Committee to decide the caste claim afresh in accordance with law, after giving an opportunity of hearing to the petitioner and the complainant. The petition was allowed in these terms.
Headnote
A) Caste Scrutiny - Kunbi Caste Claim - Consideration of Oldest Document - The Scrutiny Committee invalidated the petitioner's caste claim as Kunbi (OBC) without considering the oldest birth entry of 1932 showing her grandfather's caste as Kunbi. The High Court held that the Committee's failure to consider this crucial document renders the order unsustainable and remanded the matter for fresh consideration. (Paras 6-8)
Issue of Consideration
Whether the order of the Scrutiny Committee invalidating the petitioner's caste claim as Kunbi (OBC) is sustainable when the Committee failed to consider the oldest documentary evidence of 1932.
Final Decision
The impugned order dated 16.03.2022 passed by respondent No.2 is quashed and set aside. The matter is remanded to the Scrutiny Committee for fresh consideration. The Committee shall decide the caste claim of the petitioner afresh in accordance with law, after giving an opportunity of hearing to the petitioner and respondent No.6, within a period of three months from the date of receipt of the order. Rule is made absolute in the above terms.
Law Points
- Caste Scrutiny Committee must consider all relevant documents
- especially the oldest available entry
- failure to consider crucial evidence renders order unsustainable
- High Court can set aside such order and remand for fresh consideration.
