1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7418 /2010 AND 7419/2010 Yuvraj Haribhau Kalambe .. PETITIONER VERSUS The State Election Commissioner Mumbai Through Commissioner & Ors .. RESPONDENTS .... Shri R.R.Suryawanshi,Advocate for petitioner. Shri S.T.Shelke,Advocate for Respondents 1 and 3 Shri K.J.Ghute Patil,A.G.P. for Respondents 2 & 4 Shri V.C.Patil h/f Shri U.B.Bondar,Advocate for Respondent no.5. .... CORAM : R.M.BORDE,J. DATE : 31/08/2010 ORAL ORDER : 1] The action of the Returning Officer of acceptance of nomination paper tendered by respondent no.5 in both the petitions, with a view to 2 contest elections, for the seat of membership of the village panchayat, Zari (Wadgon) Tq.Khultabad, is a matter of challenge in the petition. 2] It is the contention of the petitioner that respondent no.5 in Writ Petition No.7419/10 as well as respondent no.5 in Writ Petition No. 7418/10 do not belong to the backward class category and as such they are not entitled to contest election as candidates belonging to said category. A doubt is expressed as regards the caste certificates issued in favour of the concerned respondents, certifying that they belong to Vimukta Jati reserved category, by the Tahsildar. Reliance is placed on a communication issued by Tahsildar filed on record of Writ Petition No.7419/10. The Tahsildar has certified that he has not issued the impugned certificate, which is secured by respondent no.5 with a view to contest election from the reserved category. 3] Section 10-1A of the Bombay Village Panchayats Act, 1958 casts an obligation on the person contesting elections for reserved seat to submit caste certificate and validity certificate alongwith nomination paper. The Ordinance issued by the State of Maharashtra brought in force in the year 2010, is applicable for the elections to be held prior to December 2010 which is in nature of granting a concession in respect of production of validity certificate. It has been 3 provided in the Ordinance that the candidates opting to contest elections from the reserved seat, shall be required to submit undertaking in proof of having tendered an application with the caste scrutiny committee for verification of the caste status. In the instant matter, it has not been disputed that respondents no.5 have tendered applications with the scrutiny committee for issuing validity certificates, and also an undertaking to the officer to the effect that the contesting candidate shall have to produce the validity certificate within a period of 4 months and on failure to submit the validity certificate, his/her election will be cancelled with restrospective effect and he/she would be ceased to be a member of Grampanchayat. it is also not disputed that the respondents no.5 have tendered such undertakings before the Returning Officer. 4] It is contention of the petitioner herein that the very certificates issued in favour of both respondents no.5 are fabricated and both the respondents cannot be permitted to contest elections on the strength of the false and fabricated certificates. It is further contended that certificates produced by the concerned respondents, if found to be false and fabricated, the whole elections would be vitiated. So far as verification of the status claim is concerned, the same is governed by provisions of the Maharashtra Scheduled Castes and Scheduled 4 Tribes, De Notified Tribes (Vimukta Jatis) Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of ) Caste Certificate Act, 2000. The powers in respect of verification of the caste claim are vested with the scrutiny committee established under the Act. It is for the scrutiny committee to examine the genuineness of the certificate and on being satisfied that holder of the certificate belong to a particular caste or tribe, proceed to issue validity certificate. If the committee finds that the certificate is false or fabricated, powers are vested with the committee to issue directions for withdrawal of the benefits in accordance with Section 10 of the Act. The committee can also direct prosecution of the holder of the certificate, if it is found that the same is false and fabricated. Section 11 of the Act prescribes that a person who does not belong to a any of the Scheduled Castes, Scheduled Tribes, De-notified Tribes, (Vimukta Jatis), Nomadic Tribes, Other Backward Classes or Special Backward Category secures any benefits or appointments exclusively reserved for such Castes, Tribes, or Classes in the Government, local authority or any other company or corporation owned or controlled by the Government or in any Government aided institution, or secures admission in any educational institution against a seat exclusively reserved for such Castes, Tribes, or Classes or is elected to any of the elective offices or any local authority or Cooperative Society against 5 the office, reserved for such Castes, Tribes or Classes by producing a false Caste Certificate; shall on conviction, be punished, with rigorous imprisonment for a term which shall not be less than six months but which may extend upto two years or with fine which shall not be less than two thousand rupees, but which may extend upto twenty thousand rupees or both. Considering provisions of the Act, it would be open for the scrutiny committee to direct to take action in a particular matter to direct prosecution of the holder of the certificate. In the event of recording of finding as regards falsity or fabricated nature of the certificate, provisions of the Act of 2000 takes care of the situation which is a matter complained of in both instant Writ Petitions. 5] Considering the bar in respect of interference in the election matters provided by Article 243-O of the Constitution of India, it would not be proper to cause any interference in exercise of writ jurisdiction invested with this Court. Petitions are therefore, dismissed. The interim order passed earlier stands vacated. The petitioner shall have liberty to raise appropriate objection before the scrutiny committee or any other forum. [R.M.BORDE,J] umg/wp7418-10