(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 9521 OF 2010 Sitabai w/o. Parmeshwar Waghmode, Age : 45 years, Occupation : Agriculture, R/o. Shekhapur, Taluka : Bhoom, District : Osmanabad. .. Petitioner. versus 1. The State of Maharashtra (through Chief Secretary, Social Welfare Development Department, Mantralaya, Mumbai). 2. The Sub-Divisional Magistrate, Bhoom, Taluka : Bhoom, District : Osmanabad. 3. The Tahsildar, Bhoom, District : Osmanabad. 4. The Caste Verification Scrutiny Committee, For Scheduled Caste & Other Backward Class, Latur. 5. The State Election Commission. (2) 6. The Presiding Officer, Election of Sarpanch, Shekhapur, Taluka : Bhoom, District : Osmanabad. 7. Shaikh Abdul Azij Motilal, Age : 50 years, Occupation : Agriculture, R/o. Shekapur, Taluka : Bhoom, District : Osmanabad. .. Respondents. ....................... Mr. V.M. Humbe, Advocate, for the petitioner. Mr. K.G. Patil, Assistant Government Pleader, for respondent nos.1 to 4. Mr. S.T. Shelke, Advocate, for respondent no.5. Mr. Sachin Deshmukh, Advocate, for respondent no.7. ........................ CORAM : B.R. GAVAI & R.M. BORDE, JJ. DATE : 23RD NOVEMBER 2010 COURT'S ORDER (Per B.R. Gavai, J.) : 1. By way of present petition, the petitioner challenges (3) the order dated 7th June 2008, passed by the Sub-Divisional Magistrate, Bhoom, thereby issuing caste certificate to respondent no.7, as belonging to "Mujawar", which is notified as Other Backward Class. 2. The main grievance of the petitioner is that though the petitioner was the only candidate elected as member of Grampanchayat Shekhapur (Taluka : Bhoom, District : Osmanabad), from a seat reserved for the candidate belonging to Other Backward Class, the respondent no.7 subsequently obtained a certificate of belonging to "Mujawar", Other Backward Class and thereby contested the election of Sarpanch which was reserved for the candidate belonging to Other Backward Class. It is the grievance of the petitioner, that the petitioner who would have otherwise been elected unopposed to the post of Sarpanch, has been deprived of that opportunity on account of respondent no.7 having obtained the caste certificate. 3. The caste certificate issued to a person, who claims to electoral benefits, is always subject to scrutiny by the Caste Scrutiny Committee and, in the event, the Scrutiny Committee finds that the claim is not just, the caste certificate is liable to be confiscated, as a result, the electoral office, which the person enjoys, is also required to be vacated. (4) 4. In that view of the matter, no interference is warranted in exercise of extraordinary jurisdiction of this Court under Article 226 of the Constitution of India. 5. In the result, the petition is dismissed. ( R.M. BORDE ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/wp9521