Case Note & Summary
The petitioner, Ramakant Shantaram Malpekar, a resident of Rajapur and a voter in Ward No.2 of Rajapur Municipal Council, filed a writ petition under Article 226 of the Constitution of India challenging the order dated 28th May 2014 passed by the Divisional Caste Scrutiny Committee No.3, Mumbai Suburban (respondent No.2), which granted a caste validity certificate to Jamir Nizam Khalife (respondent No.3) certifying that he belongs to 'Muslim-Nhavi' Other Backward Class. The respondent No.3 had contested the election for the post of Councilor from Ward No.3, which was reserved for backward classes, based on a caste certificate issued by the competent authority. The petitioner alleged that respondent No.3 does not actually belong to 'Muslim-Nhavi' OBC and that he obtained the caste and validity certificates fraudulently and by suppressing material facts. The petitioner had earlier approached the High Court by filing Writ Petition No. 4927 of 2012 challenging the validity certificate, but the court disposed it with a direction to the Scrutiny Committee to decide the matter afresh after giving an opportunity of hearing to the petitioner. The Scrutiny Committee, however, without conducting a proper vigilance inquiry and without considering the petitioner's objections, passed the impugned order granting the validity certificate. The court examined the legality of the order and found that the Scrutiny Committee had failed to call for a vigilance report and had not properly appreciated the evidence. The court held that the certificate was obtained by fraud and suppression, and thus quashed the order. The petition was allowed, and the caste validity certificate was set aside.
Headnote
A) Caste Scrutiny - Validity Certificate - Fraud and Suppression - The petitioner challenged the caste validity certificate granted to respondent No.3 as 'Muslim-Nhavi' OBC on the ground that it was obtained fraudulently and by suppressing material facts. The court held that the Scrutiny Committee failed to conduct a proper vigilance inquiry and the certificate was liable to be set aside. (Paras 1-3)
B) Locus Standi - Third Party Challenge - A person whose name is in the electoral roll and who is a resident of the same ward has sufficient interest to challenge a caste certificate obtained fraudulently, as it affects the fairness of elections and reservation policy. (Para 3)
Issue of Consideration
Whether the caste validity certificate granted to respondent No.3 as 'Muslim-Nhavi' OBC is liable to be quashed on the ground of fraud and suppression of material facts, and whether the petitioner has locus standi to challenge the same.
Final Decision
The petition is allowed. The order dated 28th May 2014 passed by the Divisional Caste Scrutiny Committee No.3, Mumbai Suburban granting caste validity certificate to respondent No.3 is quashed and set aside. Rule is made absolute accordingly.
Law Points
- Caste validity certificate can be challenged by a third party if obtained fraudulently
- Scrutiny Committee must conduct thorough vigilance inquiry before granting certificate
- Suppression of material facts vitiates the certificate
Case Details
2019 LawText (BOM) (06) 114
Writ Petition No. 484 of 2015
R. M. Borde, N.J. Jamadar
Mr. Ramchandra K. Mendadkar a/w. Mr. Chandrakant Bhangoji and Mr. T.V. Jadhav for petitioner; Ms. Kavita N. Solunke, AGP for respondent Nos.1 and 2; Mr. Surel Shah a/w. Mr. Suhail Khan for respondent No.3
Ramakant Shantaram Malpekar
State of Maharashtra, Divisional Caste Certificate Scrutiny Committee No.3, Jamir Nizam Khalife
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Nature of Litigation
Writ petition under Article 226 challenging the order of the Caste Scrutiny Committee granting caste validity certificate.
Remedy Sought
Quashing of the order dated 28th May 2014 granting caste validity certificate to respondent No.3.
Filing Reason
Allegation that respondent No.3 obtained the caste validity certificate fraudulently and by suppressing material facts, and that the Scrutiny Committee failed to conduct proper inquiry.
Previous Decisions
The petitioner had earlier filed Writ Petition No. 4927 of 2012 which was disposed of with a direction to the Scrutiny Committee to decide the matter afresh after hearing the petitioner.
Issues
Whether the caste validity certificate granted to respondent No.3 is vitiated by fraud and suppression of material facts?
Whether the petitioner has locus standi to challenge the caste validity certificate?
Whether the Scrutiny Committee conducted a proper vigilance inquiry before granting the certificate?
Submissions/Arguments
Petitioner argued that respondent No.3 does not belong to 'Muslim-Nhavi' OBC and obtained the certificate fraudulently.
Petitioner contended that the Scrutiny Committee did not call for a vigilance report and ignored his objections.
Respondent No.3 argued that the certificate was validly granted after due inquiry.
Ratio Decidendi
A caste validity certificate obtained by fraud and suppression of material facts is liable to be quashed. The Scrutiny Committee must conduct a thorough vigilance inquiry and consider objections from interested parties before granting such a certificate.
Judgment Excerpts
By this petition under Article 226 of the Constitution of India, the petitioner assails the legality, propriety and correctness of the order dated 28th May 2014, whereby the Divisional Caste Scrutiny Committee No.3, Mumbai Suburban-respondent No.2 granted caste validity certificate to Jamir Nizam Khalife-respondent No.3 and thereby validated the claim of respondent No.3 that he belongs to 'Muslim-Nhavi', Other Backward Class.
The petitioner claims that the respondent No.3 does not belong to 'Muslim-Nhavi O.B.C'. The respondent No.3, however, obtained the caste and validity certificates from the concerned competent authority and Caste Scrutiny Committee fraudulently and by suppressing material facts.
Procedural History
The petitioner initially filed Writ Petition No. 4927 of 2012 challenging the validity certificate. The High Court disposed of that petition with a direction to the Scrutiny Committee to decide the matter afresh after giving an opportunity of hearing to the petitioner. The Scrutiny Committee then passed the impugned order on 28th May 2014 granting the certificate. The petitioner thereafter filed the present Writ Petition No. 484 of 2015 challenging that order.
Acts & Sections
- Constitution of India: Article 226
