Bombay High Court
Sk. Munaf S/O Sheikh Yasin vs The State Of Maharashtra & Ors on 17 November, 2016
Bench: B.R. Gavai
1 wp5527.05
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO.5527/2005
Sheikh Munaf s/o Sheikh Yasin,
aged about 37 Yrs., Occu. Business,
R/o Bari Colony, Lane No.9,
Roshan Gate, Aurangabad,
Distt. Aurangabad. ..Petitioner.
..Vs..
1. The State of Maharashtra,
through its Secretary,
Department of Urban Development,
Mantralaya, Mumbai - 32.
2. The Divisional Caste Scrutiny Committee
(S.C., V.J., N.T., O.B.C., S.B.C.) Amravati
Division, Amravati, through its Chairman,
Amravati.
3. The Aurangabad Municipal Corporation,
Aurangabad, through its Commissioner,
Aurangabad. ..Respondents.
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Ms. S.Z. Haider, A.G.P. for respondent No.1.
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CORAM : B.R. GAVAI AND V.M. DESHPANDE, JJ.
DATED : 17.11.2016.
ORAL JUDGMENT ( Per B.R. Gavai, J.)
1. Heard Ms. S.Z. Haider, A.G.P. for respondent No.1. None for the
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petitioner and other respondents.
2. The petitioner has approached this Court being aggrieved by the
order passed by the Scrutiny Committee dated 13 th October, 2005 thereby
invalidating the claim of the petitioner of belonging to Momin which is notified
as Other Backward Classes. The petitioner had contested the election to the
respondent No.3 - Municipal Corporation against a seat reserved for Other
Backward Classes as such the petitioner's claim came to be forwarded to
respondent No.2 Committee for considering its validity. The Committee
conducted vigilance enquiry and it was found that none of the documents
supported the claim of the petitioner to be belonging to Momin caste. The
vigilance cell report was submitted to respondent No.2 Committee and vide
order dated 13th October, 2005 the same is rejected. The perusal of the order
passed by the Committee would reveal that the Committee has come to
conclusion that the petitioner had failed to submit any document fortifying his
claim to be belonging to Momin caste. Insofar as the reliance of the petitioner
on the document pertaining to his sister Mumtaj B. is concerned, it was found
that the name of the candidate's father shown in the voters list totally differ
with the name as appearing in the document in respect of his alleged sister.
The Committee, therefore, found that the petitioner has failed to establish that
the document pertains to his real sister. The Committee found that the
petitioner was not belonging to Momin caste.
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In that view of the matter, we do not find that any error is
committed by the Scrutiny Committee. The petition is without substance. It is
dismissed accordingly with no orders as to costs. Needless to say that the
interim protection shall stand vacated.
JUDGE JUDGE
Tambaskar.
