JUDGMENT

A.S.ANAND, CJI.

(1) LEAVE granted.

(2) THE appellant was elected as a corporator from ward no. 63, Aurangabad municipal corporation in the elections held in April, 2000. This ward was reserved for OBC category. The appellant contested the election on the basis of a caste certificate dated 28.12.1993 issued by tehsildar, the competent authority to issue such certificate to the effect that the appellant belong to OBC category, i.e. Kunbi caste. After his election as a corporator, he was even elected as a deputy mayor of the municipal corporation, Aurangabad. Election of the appellant was not challenged by taking recourse to any proceedings under the statute. No election petition was filed. Respondent no.1 filed a writ petition in public interest seeking setting aside of the election of the appellant as a corporator though respondent no.1 was neither a candidate himself nor even a voter. He prayed for the seat to be declared vacant. Doubt was cast on the genuineness and validity of the caste certificate alleging the relevant entry in the dispatch register of the tehsildars office having been fabricated by interpolation. It appears that on the basis of a communica