Disposed

Laxman Khandu Rathod and Ors. v. the State of Mah and Ors.

Bombay HC25 Sept 2013WP/2602/2012

Case brief

AI extract

What is this about?

Regarding disputes over caste certificate validity, the Bombay High Court held that the Divisional Caste Scrutiny Committee under Section 6 of the 2000 Act can investigate claims of fraud. The Court directed the relevant committee to validate the certificate and give the petitioner an opportunity to raise objections.

What did the court decide?

Directed that the caste certificate be placed before the Divisional Caste Scrutiny Committee for validation with an opportunity given to the petitioner to point out fraud.

Laxman Khandu Rathod and Ors. Vs the State of Mah… — Writ and Judicial Review | Bombay HC (2013)

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( 1 )

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Writ Petition No.2602 of 2012

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO.2602 OF 2012

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(Laxman Khandu Rathod and others Vs. The State of Maharashtra and others)

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Mr.S.B.Talekar, Advocate for petitioners. Mr.S.K.Tambe, A.G.P. for respondent State. Mr.P.R.Patil, Advocate for respondent No.3.

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WITH

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WRIT PETITION NO.3254 OF 2013

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(Murlidhar Sudam Shejul Vs. The State of Maharashtra and others)

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Mr.P.R.Patil, Advocate for petitioner.

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Mr.S.K.Tambe, A.G.P. for respondent State.

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Mr.S.B.Talekar, Advocate for respondent No.3.

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( CORAM : B.P.DHARMADHIKARI & RAVINDRA V.GHUGE, J. )

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DATE 25/09/2013

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PER COURT :

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Petitioners, who have contested election against respondent No. 3, attempt to point out that caste certificate and validity certificate procured by said respondent, is by playing fraud. Today, petitioner has filed a re-joinder. Re-joinder is taken on record. Respondent No.3 has filed a writ petition and claims that his caste certificate needed to be placed before Scrutiny Committee functioning u/s. 6 of The Maharashtra Scheduled Castes, Scheduled Tribes, De-notified

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( 2 ) Writ Petition No.2602 of 2012

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Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification Of) Caste Certificate Act, 2000 [For short, "the Act"] and its validation by the District Level Committee may not be final in view of subsequent developments in the matter.

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Learned A.G.P appearing for State Government and Scrutiny Committee submits that Scrutiny Committee, functioning u/s. 6 of The Act i.e. the Divisional Caste Scrutiny Committee, having jurisdiction in the matter, can look into the controversy. He further points out that only District Level Committee as then constituted has been joined as a party respondent and respondents have agreed to give a re-look to the matter.

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Section 7 of the Act enables Scrutiny Committee to consider such grievance in relation to fraud or malpractices.

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In this situation, we direct that the caste certificate of respondent No.3 in Writ Petition No.2602/2012 i.e. petitioner in Writ Petition No.3254/2013 shall be placed before appropriate Divisional Caste Scrutiny Committee for its validation. The said Committee shall consider the claim in accordance with provisions of the Act, after giving the petitioner in W.P. No.2602/2013, necessary opportunity to point out fraud or malpractices in the matter.

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It is not disputed that basic document i.e. caste certificate u/s.

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( 3 ) Writ Petition No.2602 of 2012

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4 has been issued by the competent authority in Buldhana District. Hence the Committee at Akola has got the jurisdiction in the matter. We, therefore, direct parties to appear before that Committee on 11/11/2013 and to abide by its further instructions in the matter. Committee shall attempt to complete verification within further period of 8 months.

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Leaving all rival contentions open and with these directions, we dispose of present writ petition. No costs.

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(RAVINDRA V.GHUGE, J.) ( B.P.DHARMADHIKARI, J.)

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khs/Sept. 2013/wp2602-12

Laxman Khandu Rathod and Ors. v. the State of Mah and Ors.

Case brief

What is this about?

What did the court decide?

Laxman Khandu Rathod and Ors. v. the State of Mah and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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