Case Note & Summary
The petitioner, Vijay Vitthalrao Shetkar, filed a writ petition under Article 227 of the Constitution of India challenging the order of the Divisional Commissioner, Aurangabad, dated 15.11.2019, which rejected his application under Section 40 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961. The application sought disqualification of respondent No.4, Ankita Kailash Deshmukh, for allegedly filing a false and bogus caste validity certificate claiming Maratha Kunbi (O.B.C. category) during the 2012 Panchayat election, in which she was elected from the O.B.C. category. The petitioner contended that the Caste Scrutiny Committees at Yeotmal and Amravati, constituted under the Maharashtra Scheduled Castes, Scheduled Tribes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000, had flatly denied issuing any such certificate. Furthermore, this Court in Criminal Writ Petition No.418/2019 had directed registration of an offence against respondent No.4 for filing the false certificate. The petitioner argued that the Divisional Commissioner erred in rejecting the application without considering these facts. The court, after hearing the parties, set aside the impugned order and remanded the matter back to the Divisional Commissioner for fresh consideration, directing that the Commissioner consider the report of the Caste Scrutiny Committee and the earlier order of this Court. The court clarified that it had not expressed any opinion on the merits and that the Commissioner should decide the application afresh in accordance with law.
Headnote
A) Disqualification - False Caste Certificate - Section 40 of Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 - The petitioner sought disqualification of respondent No.4 for filing a false caste validity certificate during the 2012 election. The Caste Scrutiny Committee denied issuing the certificate, and this Court had directed registration of an offence. The Divisional Commissioner rejected the application without considering these facts. Held that the Commissioner ought to have considered the prima facie material and the earlier court order, and the matter requires reconsideration (Paras 3-5).
Issue of Consideration
Whether the Divisional Commissioner erred in rejecting the petitioner's application under Section 40 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 seeking disqualification of respondent No.4 for filing a false and bogus caste validity certificate, despite the Caste Scrutiny Committee's denial of having issued such certificate and the High Court's earlier direction to register an offence.
Final Decision
The court allowed the writ petition, set aside the impugned order dated 15.11.2019 passed by respondent No.1, and remanded the matter back to the Divisional Commissioner for fresh consideration. The Commissioner was directed to consider the report of the Caste Scrutiny Committee and the order of this Court in Criminal Writ Petition No.418/2019, and decide the application afresh in accordance with law, without being influenced by the earlier order. The court clarified that it had not expressed any opinion on the merits of the case.
Law Points
- Disqualification under Section 40 of Maharashtra Zilla Parishads and Panchayat Samitis Act
- 1961
- False caste validity certificate
- Caste Scrutiny Committee report
- Prima facie case for disqualification
Case Details
2021 LawText (BOM) (01) 20
Writ Petition No.15295 of 2019
Mr. P.R. Katneshwarkar holding for Mr. Ganesh Gadhe for petitioner; Mrs. D.S. Jape, A.G.P. for respondent Nos.1 and 2; Mrs. Yogita Kshirsagar for respondent No.3; Mr. Rajendra S. Deshmukh, Senior Advocate instructed by Mr. A.D. Hande for respondent No.4
Vijay s/o Vitthalrao Shetkar
The State of Maharashtra through the Additional Divisional Commissioner, Aurangabad Division, Aurangabad; The Caste Certificate Scrutiny Committee or Regional Commissioner, Social Welfare Officer, Yawatmaal; The Chief Executive Officer, Zilla Parishad, Nanded; Ankita Kailash Deshmukh
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Nature of Litigation
Writ petition under Article 227 of the Constitution of India challenging the order of the Divisional Commissioner rejecting the petitioner's application under Section 40 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 seeking disqualification of respondent No.4 for filing a false caste validity certificate.
Remedy Sought
The petitioner sought to quash the order dated 15.11.2019 passed by respondent No.1 (Divisional Commissioner) and to direct disqualification of respondent No.4.
Filing Reason
The petitioner alleged that respondent No.4 submitted a false and bogus caste validity certificate claiming Maratha Kunbi (O.B.C. category) during the 2012 Panchayat election, and the Caste Scrutiny Committees denied issuing such certificate. The Divisional Commissioner rejected the disqualification application without considering these facts.
Previous Decisions
This Court in Criminal Writ Petition No.418/2019 had directed registration of an offence against respondent No.4 for filing the false caste validity certificate.
Issues
Whether the Divisional Commissioner erred in rejecting the petitioner's application under Section 40 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 without considering the report of the Caste Scrutiny Committee and the earlier order of this Court directing registration of an offence.
Submissions/Arguments
Petitioner argued that the Caste Scrutiny Committees at Yeotmal and Amravati had flatly denied issuing the caste validity certificate, and this Court had directed registration of an offence. Therefore, the Divisional Commissioner ought to have considered this material and allowed the disqualification application.
Respondent No.4 opposed the petition, but the judgment does not detail her arguments.
Ratio Decidendi
The Divisional Commissioner, while considering an application under Section 40 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 for disqualification on the ground of filing a false caste certificate, must consider relevant material such as the report of the Caste Scrutiny Committee and any prior judicial orders regarding the falsity of the certificate. Rejection without such consideration is unsustainable and warrants remand.
Judgment Excerpts
The learned Advocate would submit that since it is a matter of submission of a false and bogus caste validity certificate, there is no need to approach the Caste Scrutiny Committee constituted under the Act of 2000 and respondent No.1 – the Commissioner ought to have considered the report of the Caste Scrutiny Committee and the order of this Court in Criminal Writ Petition No.418/2019.
In the light of the above, the impugned order is set aside. The matter is remitted back to respondent No.1 – the Divisional Commissioner, Aurangabad, to decide the application afresh in accordance with law, after considering the report of the Caste Scrutiny Committee and the order of this Court in Criminal Writ Petition No.418/2019.
Procedural History
The petitioner filed an application under Section 40 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 before the Divisional Commissioner seeking disqualification of respondent No.4. The Divisional Commissioner rejected the application by order dated 15.11.2019. The petitioner then filed the present writ petition under Article 227 of the Constitution of India challenging that order. The High Court heard the matter and reserved judgment on 22.12.2020, pronouncing it on 04.01.2021.
Acts & Sections
- Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961: Section 40
- Maharashtra Scheduled Castes, Scheduled Tribes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000:
- Constitution of India: Article 227
