1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD APPELLATE SIDE, CRIMINAL JURISDICTION LETTERS PATENT APPEAL NO.: 210 OF 2009 IN WRIT PETITION NO.: 5473 OF 2009 Bhika S/o Ramdas Koli, Aged: 42 years, Occu.: Agri., R/o Dapori, Tq. Erandol, Dist. Jalgaon. ... [APPELLANT] ORIG. PETITIONER VERSUS 1. The State of Maharashtra, Through its Secretary, in the Department of Rural Development, Mantralaya, Fort, Mumbai. 2. The State Election Commission, Maharashtra State, 3. The Divisional Commissioner, Nasik Division, Nasik. 4. The District Collector, Jalgaon. 5. The Tahsildar, Erandol, Tq. Erandol, Dist. Jalgaon. 6. The Zilla Parishad, Jalgaon, through its Chief Executive Officer, Jalgaon. 2 7. Schedule Tribe Verification Committee, Nandurbar, Tq. and Dist. Nandurbar. ... RESPONDENTS [ORIG.RESPONDENTS] *** Mr. V.B.Patil, Advocate for the Appellant/ Applicant. Mr. D. V. Tele, A.G.P. for Respondent/ State Authorities. Mr. A. N. Lande, Advocate, i/b Mr. S. T. Shelke, Advocate for Respondent No.2. Mr. P. S. Patil, Advocate for Respondent No.7. *** CORAM: S. B. DESHMUKH & S. P. DAVARE, JJ. DATED:- 9th NOVEMBER, 2009. ORAL ORDER [Per Deshmukh, J.] 1. We have heard learned counsel Mr. Vijay Patil, who appears for the Appellant, Advocate Mr. Pravin Patil, who represents Respondent No.7 (Scheduled Tribes Verification Committee, for short). 2. The Appellant/ applicant claims to belong to Tokare Koli, Scheduled Tribes. He contested the election of Councilor/ Member, Zilla Parishad, Jalgaon. It was bye- election. He contested the bye-election from B lock No.43 Vikharan Ringangaon Block. Along with the nomination, certificate issued by the competent authority pertaining to social status of the Appellant was produced. Mr. Patil for the Appellant submits that the caste validity certificate 3 issued by the Member Secretary and Deputy Director (Research) i.e. Respondent No.7 was also produced. Copy of the said certificate i.e. certificate of validity, dated 31st May, 2008, is on record (page 59). In due course of time, appellant was returned from the said constituency. . A complaint was made pertaining to the claim of the Appellant that he belongs to Tokare Koli, Scheduled Tribe. Inquiry was conducted. The Divisional Commissioner ultimately passed an order on 4th August, 2009 (page 72). In this order, reference is made to the report/ communication addressed by the Tahsildar to District Collector, Jalgaon dated 14th July, 2009. Copy is on record, page 70. In this communication, it has been informed to the District Collector by the Tahsildar, Enrandol that the certificate purported to have been issued by the scrutiny committee, Nandurbar, bearing No.1809/Case No.10/KA.2 (3) 4053 dated 22nd April, 2009 is declared as false. There is one more communication on record, page 71, issued by the District Collector, Jalgaon dated 21st July, 2009 addressed to the learned Divisional Commissioner, Nasik. From this communication it reflects that the appellant had contested the election from the seat reserved for scheduled 4 tribe. However, it has been revealed that the validity certified obtained and produced by the Appellant was false. Reference is also made to the communication dated 15th July, 2009 addressed by the Tahsildar, Erandol. Copy of the letter dated 22nd April, 2009 by the Scrutiny Committee, Nandurbar is also made available by the District Collector to Divisional Commissioner, Nasik. Making reference of this communication, the learned Divisional Commissioner, Nasik, cancelled the status of the Appellant as elected member of the Zilla Parishad with retrospective effect and accordingly disqualified him. 3. Order passed by the learned Divisional Commissioner (Page 72) has been challenged by filing writ petition in this Court. It is Writ Petition NO.5473 of 2009. This petition was listed before the learned Single Bench of this Court. Learned Single Bench of this Court, after hearing the counsel appearing on behalf of the Petitioner and Respondents, issued Rule by the order passed on 12th October, 2009. Learned Single Bench refused the interim relief on the ground that the Appellant/ Petitioner is claiming said relief based on fabricated document. The learned Single Bench further observed that the person who 5 relies on the fabricated document is not entitled to any relief. Refusal of interim relief, the order passed by the learned Single Bench, is subject matter of the present L.P.A. The learned counsel appearing on behalf of the Appellant/ applicant submits that the communication addressed by the Tahsildar (page 70) was without affording opportunity to the petitioner. He further submits that communication issued by the Joint Commissioner, Scrutiny Committee, Nandur (Page 69) was also issued without hearing the present petitioner. Counsel appearing on behalf of the Appellant invited our attention to section 6 and 7 of the Maharashtra Scheduled Caste, Scheduled Tribes, De- notified (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 [The Act of 2000, for short]/ He further submits that the order passed by the learned Divisional Commissioner, which is impugned before the learned Single Bench of this Court, purportedly issued under section 12A of the Zilla Parishad and Panchayat Samities Act, 1961 is also without jurisdiction. 4. Mr. P.S.Patil, on behalf of Respondent No.7, took us 6 to the first information report, copy of which is placed on record (page 63). This report runs in around 6-7 pages. Mr. P.S.Patil pointed out para F from this report. This para concludes that there is connivance amongst the Appellant and three employees allegedly working with the Scrutiny Committee at Nandurbar, at the relevant time. We are not oblivious of the fact that it is a first information report lodged only and yet to be tested on evidence. The section 6 and 7 of the Act of 2000 pertains to verification of the caste certificate issued by the competent authority concerned. . Grant of interim relief is a matter of discretion to be exercised with sound judicial principles. The learned Single Judge of this Court refused the interim relief holding that the certificate allegedly issued by the competent authority is a fabricated document. Writ petition is still pending before the learned Single Bench of this Court. We refrain ourselves from making any observations so far as other submissions of the counsel are concerned. We are satisfied that no case to interfere with the order passed by the learned Single Bench of this Court, in intra-Court appeal, is established. We accordingly proceed to dismiss the appeal. Letters Patent Appeal is dismissed. No costs. 7 5. In view of final disposal of the L.P.A. itself, Civil Application No.11586 of 2009 in L.P.A. No.210 of 2009 does not survive any further. Civil Application accordingly stands disposed of. [SHRIHARI P. DAVARE, J.] [S.B.DESHMUKH, J.] Dated:09/11/2009. ans/210