Case Note & Summary
The petitioner, Shaikh Mohd. Yusuf Mohd. Yakub, a Muslim by religion, claimed to be a member of the Shikalgar caste, which is recognized as a Nomadic Tribe. He obtained a caste certificate from the Sub Divisional Officer, Satara on 31/12/2001 and contested an election to the Municipal Council, Satara from a reserved constituency for Scheduled Tribes, and was elected. After the election, his caste certificate was sent to the Divisional Caste Certificate Scrutiny Committee, Pune Division for verification. The scrutiny committee cancelled the caste certificate by an impugned order. The petitioner challenged this order by way of a writ petition before the Bombay High Court. The court noted that the petitioner was born, brought up, and carrying on business in Bombay, and that he secured the caste certificate just a few days before the election. The court observed that the petitioner's own documents, including his school leaving certificate and the birth certificate of his son, showed his caste as Muslim. The court held that the scrutiny committee was justified in cancelling the caste certificate as the petitioner failed to prove that he belongs to the Shikalgar caste. The petition was dismissed with no order as to costs.
Headnote
A) Caste Certificate - Scrutiny - Cancellation - Petitioner, a Muslim by religion, claimed to be a member of Shikalgar caste (Nomadic Tribe) - Caste certificate issued by Sub Divisional Officer was cancelled by scrutiny committee - Held that the committee was justified as the petitioner's documents showed his caste as Muslim and he failed to prove his claim - Petition dismissed (Paras 2-5).
Issue of Consideration
Whether the caste scrutiny committee was justified in cancelling the caste certificate issued to the petitioner claiming to be a member of Shikalgar caste (Nomadic Tribe) when the petitioner is a Muslim by religion and his documents show his caste as Muslim.
Final Decision
The petition is dismissed. Rule discharged. No order as to costs.
Law Points
- Caste certificate scrutiny
- burden of proof on claimant
- cancellation of caste certificate
- validity of caste certificate for election to reserved constituency
Case Details
2005 LawText (BOM) (07) 9
Writ Petition No.4097 of 2005
R.K. Mendadkar for Petitioner, C.R. Sonawane (AGP) for State, A.J. Bhor for Respondent No.3
Shaikh Mohd. Yusuf Mohd. Yakub
The State of Maharashtra, Divisional Caste Certificate Scrutiny Committee, Pune Division, Municipal Corporation of Greater Mumbai, Sub-Divisional Officer, Satara, Mohd. Salim Siddiqui, Ahmed Dawood Solanki, Narendra Gohil
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Nature of Litigation
Writ petition challenging cancellation of caste certificate by scrutiny committee.
Remedy Sought
Petitioner sought quashing of the order of the caste scrutiny committee cancelling his caste certificate.
Filing Reason
The caste scrutiny committee cancelled the petitioner's caste certificate claiming he is a member of Shikalgar caste (Nomadic Tribe).
Previous Decisions
The caste scrutiny committee cancelled the caste certificate issued by the Sub Divisional Officer.
Issues
Whether the caste scrutiny committee was justified in cancelling the caste certificate of the petitioner.
Submissions/Arguments
Petitioner argued that he is a member of Shikalgar caste and the certificate was valid.
Respondents argued that the petitioner is a Muslim and his documents show his caste as Muslim, not Shikalgar.
Ratio Decidendi
The burden of proof lies on the claimant to establish his caste. When the claimant's own documents show his caste as Muslim, and he fails to provide evidence to prove his claim of belonging to a Nomadic Tribe, the scrutiny committee is justified in cancelling the caste certificate.
Judgment Excerpts
Though the Petitioner claims to be an original resident of Satara, it appears that he was born and brought up and is carrying on business in Bombay.
He secured caste certificate from Sub Divisional Officer on 31/12/01 and within 3 or 4 days prior to that he had filed nomination for election to the Municipal Council, Satara from the reserved constituency for the schedule tribe.
The scrutiny committee was justified in cancelling the caste certificate.
Procedural History
The petitioner obtained a caste certificate from Sub Divisional Officer, Satara on 31/12/2001. After his election to the Municipal Council, Satara, the certificate was sent to the Divisional Caste Certificate Scrutiny Committee, Pune Division for verification. The committee cancelled the certificate. The petitioner filed Writ Petition No.4097 of 2005 before the Bombay High Court challenging the cancellation.
Acts & Sections
