Case Note & Summary
The petitioner, Ranjit Prakash Gaikwad, contested the Grampanchayat election from Ward No.1 of Grampanchayat Kasar Amboli, Taluka Mulshi, District Pune, which was reserved for Other Backward Class (OBC). He claimed to belong to the 'Kunbi' caste, which is recognized as OBC in Maharashtra. The Divisional Officer, Maval-Mulshi Sub-Division, issued a caste certificate dated 9th December 2020 to the petitioner certifying him as belonging to the Kunbi caste. The petitioner was declared elected in the election held in January 2021 from Ward No.1, while Respondent No.4, Vinayak Sunil Raut, who contested from Ward No.4, was defeated. Respondent No.4 filed a complaint with the District Caste Certificate Scrutiny Committee (Respondent No.2) challenging the petitioner's caste certificate. The Committee, by its order dated 9th April 2021, invalidated the petitioner's caste certificate. Consequently, the Collector (Respondent No.3) passed an order dated 16th July 2021 disqualifying the petitioner as a member of the Grampanchayat. The petitioner challenged both orders by way of a writ petition. The High Court noted that the Committee had not given the petitioner a proper opportunity of hearing and had not considered the documents submitted by him. The Court held that the impugned order of the Committee was in gross violation of the principles of natural justice and was therefore quashed and set aside. Consequently, the Collector's order disqualifying the petitioner was also quashed. The matter was remanded to the Committee for fresh consideration, with a direction to give the petitioner a due opportunity of hearing and to decide the matter in accordance with law within a period of three months. The Court also directed that the petitioner's caste certificate shall remain valid until the Committee decides the matter afresh.
Headnote
A) Constitutional Law - Caste Certificate Scrutiny - Natural Justice - Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 - The Committee invalidated the petitioner's caste certificate without giving him a proper opportunity of hearing and without considering the documents submitted by him. Held that the order is in gross violation of principles of natural justice and is quashed and set aside. (Paras 2-4) B) Local Self-Government - Disqualification of Member - Grampanchayat Act, 1959 - The Collector's order disqualifying the petitioner as a member of Grampanchayat was based on the invalid order of the Committee. Since the Committee's order is quashed, the Collector's order also stands quashed. Held that the matter is remanded to the Committee for fresh consideration after giving due opportunity of hearing to the petitioner. (Paras 4-5)
Issue of Consideration
Whether the impugned order dated 9-4-2021 passed by the District Caste Certificate Scrutiny Committee invalidating the petitioner's caste certificate and the consequential order dated 16-7-2021 passed by the Collector disqualifying the petitioner as a member of Grampanchayat are sustainable in law.
Final Decision
The impugned order dated 9-4-2021 passed by the District Caste Certificate Scrutiny Committee and the order dated 16-7-2021 passed by the Collector are quashed and set aside. The matter is remanded to the Committee for fresh consideration after giving due opportunity of hearing to the petitioner. The Committee shall decide the matter in accordance with law within a period of three months. The petitioner's caste certificate shall remain valid until the Committee decides the matter afresh.
Law Points
- Natural justice
- Caste certificate scrutiny
- Opportunity of hearing
- Disqualification of elected member
- Quashing of order
- Remand for reconsideration
