MAJANU HANUMANT NATEKARversusSTATE OF MAHARASHTRA THR ITS SECRETARY SOCIAL JUSTICE DEPT AND ORS

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                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CIVIL APPELLATE JURISDICTION

                                             WRIT PETITION NO. 9611 OF 2026

                      Majanu Hanumant Natekar                                     ...Petitioner
                               Vs.
                      The State of Maharashtra through its
                      Secretary Social Justice Department and Others              ...Respondents
                                                      -----------------

                      Mr. Abhinav Chandrachud a/w. Ms. Jagruti Nimbalkar, Mr. Himanshu J.
                      Patil, for the Petitioner.
                      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.
                                                       -----------------


                                                       CORAM :         R. I. CHAGLA AND
  MAMTA
  AMAR
                                                                       FIRDOSH P. POONIWALLA, JJ.
  KALE
Digitally signed by
MAMTA AMAR KALE
Date: 2026.08.20
18:54:39 +0530

                                                       DATED       : 19th AUGUST, 2026

                      P.C.:-

                      1.             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 15 th 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                                                                    1/5
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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 11 th November

2025.

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 13 th

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 2 nd

February 2026.

6.            Upon hearing the Petitioner as well as the Complainant, and

considering the Report of the Vigilance Committee submitted on 30 th 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                                                                  2/5
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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 4 th 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                                                                 3/5
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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                                                                 4/5
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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                                                                5/5