Majanu Hanumant Natekar v. The State of Maharashtra

Mr. P. P. Kakade, Addl. G.P. a/w. Ms. Priyanka B. Chavan, AGP, for the Respondent / State. Ms. Harshali Potdar, for Respondent No.6. ----------------- MAMTA AMAR KALE MAMTA AMAR KALE P.C.:-

1. CORAM : R. I. CHAGLA AND FIRDOSH P. POONIWALLA, JJ. DATED : 19th AUGUST, 2026 Rule. Rule is made returnable forthwith. Heard finally by consent of the parties.

2. By this Writ Petition, the Petitioner is seeking quashing and setting aside of the impugned Order dated 15th June 2026 passed by the Respondent No.2 Scrutiny Committee with a further direction to the Respondent No.2 Scrutiny Committee to reconsider every aspect of the Petitioner’s caste claim afresh, in accordance with the law. Mamta Kale 2 15-wp-9611-2026.doc

3. The Petitioner contested and was declared elected from Ward No. 10 of the Talegaon Dabhade Nagar Parishad, a seat reserved for the Scheduled Caste (SC) category in the Election of 2025. A Caste Certificate was issued by the Sub-Divisional Officer, Baramati, certifying that the Petitioner belongs to the "Mahar" caste (Scheduled Caste) on 11th November

4. The Petitioner filed an Application in Form No. 21, along with Affidavit in Form No. 3, before Respondent No.2 Scrutiny Committee, through the Assistant Election Returning Officer, Talegaon Dabhade Nagar Parishad, for verification/validation of the Caste Certificate on 13th November 2025.

5. A complaint was filed by Respondent No. 6 before Respondent No.2 Scrutiny Committee alleging that the Petitioner's Caste Certificate had been obtained on the strength of fabricated/false documents on 2nd February 2026.

6. Upon hearing the Petitioner as well as the Complainant, and considering the Report of the Vigilance Committee submitted on 30th May 2026, recording that the Petitioner's genealogy was true and correct and that the School Leaving Certificate submitted by the Petitioner was found to be genuine, the impunged Order was passed by the Respondent No.2 Scrutiny Committee on 15th June 2026 holding that the Petitioner failed to prove his caste claim, and declaring the Petitioner's Caste Certificate invalid Mamta Kale 3 15-wp-9611-2026.doc under Rule 17(11)(3)(k) of the 2012 Rules, with a direction for cancellation and confiscation thereof. Based on the invalidation of the Petitioner’s caste claim, an Order was passed by the Office of the Respondent No.3 District Collector, Pune, dated 4th August 2026, terminating the Petitioner as holding the Councilor’s post, w.e.f. the date of the Order of the Respondent No.2 Scrutiny Committee declaring the Caste Certificate of the Petitioner invalid, and further declaring the seat reserved for the Scheduled Caste category in Ward No.10 of the Talegaon Dabhade Municipal Council to be vacant.

7. The Petitioner has filed the present Writ Petition upon tracing the Form No.14 Extract (Birth and Death Register) from his native village evidencing the birth of his father Hanumant Sahebu Natekar in 1938, showing the caste as “Mahar” and naming the Petitioner’s paternal grandfather as Sahebu Govinda.

8. We have heard the learned Counsel for the parties as well as the learned Additional Government Pleader for Respondent Nos. 1 to 4 – State.

9. It appears from the impugned Order of Respondent No.2 Scrutiny Committee that the Scrutiny Committee had invalidated the caste claim of the Petitioner on the ground that the Mahar Caste claimed by the Petitioner is included in the Scheduled Caste and has been declared by the Scheduled Castes Order dated 10th August 1950. Accordingly, it was Mamta Kale 4 15-wp-9611-2026.doc necessary for the Petitioner to have submitted strong school or revenue evidence bearing the Mahar caste entry recorded in Rule 16 of the Rules of the year 2012. Further, the permanent residence of the Petitioner / Petitioner’s father / Petitioner’s grandfather in the State of Maharashtra was required to be established as being from before the deemed date of 10 th August 1950, and that the Petitioner had not submitted such evidence.

10. Given that the Petitioner has now traced Form No.14 extract (Birth and Death Register) from his native village, evidencing the birth of his father, Hanumant, in 1938, showing the caste as “Mahar” and naming the Petitioner's paternal grandfather as Sahebu Govinda, which document is a pre-constitutional document, we consider it appropriate to remand the matter back to Respondent No.2 Scrutiny Committee for de novo hearing and fresh consideration of the material available on record, including the material now produced by the Petitioner and referred to hereinabove, which is a pre-constitutional document.

11. The impugned Order dated 15th June 2026 passed by the Respondent No.2 Scrutiny Committee is accordingly set aside.

12. The Respondent No.2 Scrutiny Committee is directed to reconsider the Petitioner’s caste claim afresh and pass a decision thereon by considering the material on record, including fresh material produced by the Petitioner, within a period of two weeks from the uploading of this Order viz., on or before 4th September 2026. Mamta Kale 5 15-wp-9611-2026.doc

13. In view of this Order, the Order passed by Respondent No.3 District Collector, Pune, dated 4th August 2026, which has terminated the Councilor post held by the Petitioner in the Talegaon Dabhade Municipal Council, by placing reliance upon the Order of the Scrutiny Committee dated 15th June 2026 declaring the Caste Certificate of the Petitioner as invalid, is set aside.

14. We direct status-quo to be maintained as of today in respect of the Councilor post and the Petitioner shall not, by virtue of the Order dated 4th August 2026 being set aside, occupy the post of Councilor, till the caste validity claim of the Petitioner is disposed of and subject to it being disposed of in favour of the Petitioner.

15. The Writ Petition is disposed of in the above terms. However, there shall be no order as to costs. [FIRDOSH P. POONIWALLA, J.] [R.I. CHAGLA, J.] Mamta Kale