Case Note & Summary
The petitioner, a member of Seva Sahakari Sanstha Maryadit, Yetale, challenged the order dated 24th November 2010 passed by the Assistant Registrar, Cooperative Societies, Dharmabad, in an appeal preferred by respondent No.3. The election programme for the society was published on 25th October 2010. Respondent No.3 filed his nomination from the OBC reserved category. The Returning Officer (respondent No.2) rejected the nomination on the ground that respondent No.3 did not produce a caste certificate issued by the competent authority under 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) Act, 2000. Respondent No.3 appealed to the Assistant Registrar, who set aside the rejection and directed the Returning Officer to accept the nomination. The petitioner then filed this writ petition. The High Court examined the record and found that respondent No.3 had produced a caste certificate issued by the Executive Magistrate, Biloli, which was not the competent authority under the Act. The court held that the Assistant Registrar erred in allowing the appeal as the respondent No.3 did not possess a valid caste certificate at the time of scrutiny. The court quashed the order of the Assistant Registrar and restored the order of the Returning Officer rejecting the nomination. The writ petition was allowed with no order as to costs.
Headnote
A) Cooperative Societies - Election - Reserved Category - Caste Certificate - The Returning Officer rejected the nomination of respondent No.3 for OBC reserved category as he failed to produce a caste certificate issued by the competent authority under 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) Act, 2000. The Assistant Registrar in appeal set aside the rejection. The High Court held that the Assistant Registrar erred in allowing the appeal as the respondent No.3 did not possess a valid caste certificate at the time of scrutiny. The order of the Returning Officer was restored. (Paras 1-8) B) Cooperative Societies - Election - Caste Certificate - Validity - The High Court held that a caste certificate issued by the competent authority is mandatory for claiming a reserved category seat in cooperative society elections. The respondent No.3's reliance on a caste certificate issued by the Executive Magistrate was insufficient as it was not issued by the competent authority under the Act. (Paras 5-7) C) Constitutional Law - Writ Jurisdiction - Article 226 - The High Court exercised its writ jurisdiction to quash the order of the Assistant Registrar and restore the order of the Returning Officer, as the Assistant Registrar's order was patently erroneous and without jurisdiction. (Paras 1, 8)
Issue of Consideration
Whether the rejection of nomination of respondent No.3 by the Returning Officer on the ground that he did not produce caste certificate issued by the competent authority was proper and whether the Assistant Registrar in appeal could set aside that rejection.
Final Decision
The writ petition is allowed. The order dated 24th November 2010 passed by the Assistant Registrar, Cooperative Societies, Dharmabad, in Appeal preferred by respondent No.3 is quashed and set aside. The order passed by the Returning Officer rejecting the nomination of respondent No.3 is restored. Rule is made absolute accordingly. No order as to costs.
Law Points
- Caste certificate issued by competent authority is mandatory for claiming reserved category in cooperative society elections
- Rejection of nomination for lack of valid caste certificate is proper
- Writ petition against order of Assistant Registrar in appeal is maintainable under Article 226 of Constitution of India
