KOKILA RAGHUNATH DHODIA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Heard forthwith.

(2.) The petitioner by the present petition challenges the order dated 19th November, 2008 whereby the Committee has upheld the claim of the holder of the caste certificate Smt. Renuka Narayan Kakare as belonging to Varli, Scheduled Tribe.

(3.) A few facts may now be set out. The respondent No. 4 was issued a caste certificate dated 24th August, 1996 as belonging to Scheduled Tribe, Varli. Based on the said certificate respondent No. 4 contested the elections and was declared elected. The Committee had earlier validated the caste certificate . The same was challenged by the petitioner herein by filing Writ Petition No. 2127 of 2007. A learned Bench of this Court by order dated 11th September, 2008 set aside the order and remanded the matter to the Caste Scrutiny Committee to take a fresh decision in the matter of verification after following the procedure prescribed under the Act and the Rules which govern the subject. The learned Bench noted that the Caste Scrutiny Committee ought to have obtained report of the Police Vigilance Cell and examined the claim of the respondent No. 3 in accordance with the Caste Certificate Rules, 2003. Accordingly, the matter was handed over to the Vigilance Cell for conducting home, school and other enquiries. The Vigilance Officer conducted the enquiry after visiting the original and present place of residence of respondent No. 4 and also obtained documentary evidence. A copy of the said report was made available to the petitioner. The remark of the Research Officer was that the traits, characteristics and customs, surnames of relatives traditional dress habits, traditional dances, deities, etc., does match with the Varli, Scheduled Tribe. The petitioner was also given a personal hearing and was asked to appear before the Committee along with her explanation on the enquiry report and any other documents other than the Vigilance Cell Report.