Case Note & Summary
The petitioner, Munaf Abu Dasurkar, contested an election to the Panchayat Samiti on a seat reserved for Other Backward Classes (OBC), claiming to belong to the 'Khatik' caste. His caste claim was referred to the scrutiny committee for verification. The committee invalidated the claim by order dated 22.08.2017, citing overwriting in old documents. The petitioner challenged this order before the Bombay High Court. The court considered whether the scrutiny committee had properly conducted the verification. The petitioner argued that the committee failed to conduct an affinity test, which is necessary when documents are inconclusive. The committee had only recorded statements of the Sarpanch, Police Patil, and some villagers, but not of the petitioner or his near relatives. The court held that since the documents were not conclusive, the committee should have conducted an affinity test by recording statements of the petitioner and his close relatives. The failure to do so rendered the order unsustainable. The court quashed the impugned order and directed the scrutiny committee to conduct a fresh verification, including an affinity test, within three months. The petition was allowed.
Headnote
A) Caste Claim Verification - Affinity Test - Necessity - When documents tendered by a claimant are not conclusive proof of caste, the scrutiny committee must conduct an affinity test by recording statements of the claimant and his near relatives, not merely of unrelated villagers or officials - Held that failure to do so vitiates the order (Paras 1-5).
Issue of Consideration
Whether the scrutiny committee was justified in invalidating the petitioner's caste claim without conducting an affinity test by recording statements of the petitioner and his near relatives.
Final Decision
The writ petition is allowed. The impugned order of the scrutiny committee dated 22.08.2017 is quashed and set aside. The scrutiny committee is directed to conduct a fresh verification of the petitioner's caste claim, including an affinity test by recording statements of the petitioner and his near relatives, within three months from the date of the order.
Law Points
- Caste claim verification
- affinity test
- scrutiny committee
- OBC
- Khatik caste
- natural justice
Case Details
2017 LawText (BOM) (12) 55
WRIT PETITION NO. 9815 OF 2017
Smt. Vasanti A Naik, Riyaz I. Chagla
Mr. C.K. Bhangoji a/w Mr. T.V. Jadhav for the Petitioner, Mr. A.P. Vanarase, AGP for Respondent Nos.1 to 3, Mr. Rishin mantri i/b. mr. S.b. Shetye for Respondent No.4, Mr. Balkrishna D. Joshi for Respondent No.5
State of Maharashtra and others
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Nature of Litigation
Writ petition challenging order of scrutiny committee invalidating caste claim.
Remedy Sought
Petitioner sought quashing of scrutiny committee order dated 22.08.2017 and direction for fresh verification.
Filing Reason
Scrutiny committee invalidated petitioner's caste claim of belonging to 'Khatik' caste (OBC) without conducting affinity test.
Previous Decisions
Scrutiny committee order dated 22.08.2017 invalidated the caste claim.
Issues
Whether the scrutiny committee was justified in invalidating the caste claim without conducting an affinity test by recording statements of the petitioner and his near relatives.
Submissions/Arguments
Petitioner argued that affinity test was necessary as documents were inconclusive, and committee only recorded statements of Sarpanch, Police Patil, and villagers, not of petitioner or his near relatives.
Respondent supported the order, citing overwriting in old documents as reason for rejection.
Ratio Decidendi
When documents tendered by a claimant are not conclusive proof of caste, the scrutiny committee must conduct an affinity test by recording statements of the claimant and his near relatives. Failure to do so vitiates the order.
Judgment Excerpts
By this writ petition, the petitioner challenges the order of scrutiny committee dated 22.08.2017, invalidating the caste claim of the petitioner of belonging to 'Khatik' caste (Other Backward Class).
It is stated that since the scrutiny committee was not satisfied from the documents tendered by the petitioner that the petitioner belongs to 'Khatik' caste, it was necessary for the scrutiny committee to conduct the affinity test.
Procedural History
The petitioner's caste claim was referred to the scrutiny committee, which invalidated it on 22.08.2017. The petitioner filed Writ Petition No. 9815 of 2017 before the Bombay High Court challenging that order. The court heard the matter and delivered judgment on 07.12.2017.
