Sau. Suman Rajesh Sachdev Nee Prema Ashok Kumar Udasi v. The Caste Certificate Scrutiny Committee, Thane And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY Jayant Vishwanath Salunke CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11312 OF 2018 Jayant Vishwanath Salunke Date: 2018.10.08 17:31:52 +0530 Sau Suman Rajesh Sachdev } nee Prema Ashok Kumar Udasi } Petitioner versus The Caste Certificate Scrutiny } Committee, Thane and Ors.

} Respondents Mr. Y. S. Jahagirdar-Senior Advocate with Mr. Akshay Gangan I/b. Mr. A. V.

Chatuphale for the petitioner.

Ms. Shruti Vyas-'B' Panel Counsel for the State.

Mr. R. K. Mendadkar for respondent no. 2.

Mr. S. R. Ganbavale with Mr. S. S. Yadav I/b. Ms. Pooja Joshi for respondent no. 3.

Mr. Mayur Jadhav I/b. Mr. S. B. Shetye for respondent no. 4.

CORAM :- S. C. DHARMADHIKARI & B. P. COLABAWALLA, JJ.

DATE :- OCTOBER 04, 2018 P.C. :- 1.

Heard Mr.Jahagirdar learned senior counsel appearing for the petitioner. With his assistance, we have perused the order under challenge.

2.

Since this is an order passed during the course of verification and scrutiny before the Scrutiny Committee in terms

of the the Maharashtra Scheduled Castes, Scheduled Tribes, DeNotified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2001, at this stage, we are not inclined to interfere with the same. In the event the final orders are adverse to the interest of the petitioner, then, while challenging and impugning them, the petitioner can raise all contentions and pleas, including the one raised in this petition and needless to clarify that disposal of this writ petition does not prevent the petitioner from impugning the interlocutory order. 3.

We have been shown an Ordinance issued by the State styled as Maharashtra Ordinance No. XX of 2018, dated 27th September, 2018. That amends the three Acts in the field, which are mentioned in the Ordinance. In terms of this amendment, the period of six months available for submitting the certificate of validity has now been substituted with 12 months from the date of election. In the present case, the concerned election was held on 7th April, 2018. In the circumstances, the period of 12 months will come to an end on 6th April, 2019. We direct the Scrutiny Committee to complete the process as expeditiously as possible and in any event, by 31st January, 2019.

4.

The writ petition is, therefore, disposed of by keeping open all contentions.

(B. P. COLABAWALLA, J.) (S.C.DHARMADHIKARI, J.)