Case Note & Summary
The petitioner, Swapnil Baban Shinde, contested the Grampanchayat election from Ward No.4 of Grampanchayat Kasar Amboli, reserved for Other Backward Class (OBC). He claimed to belong to the 'Kunbi' caste, which is recognized as OBC in Maharashtra. The Divisional Officer issued a caste certificate to him on 18 December 2020. The petitioner was declared elected in January 2021, defeating respondent No.4, Vinayak Sunil Raut. Respondent No.4 filed a complaint with the District Caste Certificate Scrutiny Committee challenging the petitioner's caste certificate. The Committee, by order dated 9 April 2021, cancelled the petitioner's caste certificate without giving him an opportunity of hearing. Consequently, the Collector, by order dated 16 July 2021, disqualified the petitioner as a member of the Grampanchayat. The petitioner filed a writ petition challenging both orders. The High Court found that the Committee had not afforded any opportunity of hearing to the petitioner before passing the impugned order, which was in gross violation of the principles of natural justice and the provisions of the 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 and the Rules framed thereunder. The Court held that the impugned order dated 9 April 2021 was unsustainable and liable to be quashed. Consequently, the order of disqualification dated 16 July 2021 was also set aside. The Court remanded the matter to the Committee for fresh consideration, directing that the petitioner be given a reasonable opportunity of hearing and that the Committee decide the matter afresh in accordance with law. The petition was disposed of accordingly.
Headnote
A) Constitutional Law - Natural Justice - Opportunity of Hearing - 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 cancelled the petitioner's caste certificate without giving him an opportunity of hearing, in violation of principles of natural justice and statutory provisions. Held that the order is unsustainable and liable to be quashed (Paras 3-5). B) Local Self-Government - Disqualification of Elected Member - Grampanchayat Act - The Collector's order disqualifying the petitioner as a member of Grampanchayat was based on the quashed Committee order and thus also set aside. Held that the disqualification cannot stand without a valid caste certificate cancellation (Paras 6-7). C) Caste Certificate - Verification - Remand - The matter is remanded to the Committee for fresh consideration after giving the petitioner a reasonable opportunity of hearing. Held that the Committee must decide afresh in accordance with law (Para 8).
Issue of Consideration
Whether the impugned order dated 9-4-2021 passed by the District Caste Certificate Scrutiny Committee cancelling the petitioner's caste certificate and the order dated 16-7-2021 passed by the Collector disqualifying the petitioner as a member of Grampanchayat are sustainable in law, given that the petitioner was not afforded an opportunity of hearing before the Committee.
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 the petitioner a reasonable opportunity of hearing. The petition is disposed of.
Law Points
- Natural Justice
- Opportunity of Hearing
- Caste Certificate Verification
- Disqualification of Elected Member
- Quashing of Order
- Remand for Reconsideration
