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2009 Supreme(SC) 752

TARUN CHATTERJEE, V.S.SIRPURKAR
Kurapati Maria Das – Appellant
Versus
Ambedkar Seva Samajan – Respondent


JUDGMENT

V.S. SIRPURKAR, J.

1. Leave granted.

2. The order of the Division Bench of the High Court confirming the judgment of the learned Single Judge is in challenge before us. The learned Single Judge had allowed the writ petition filed on behalf of the respondent Nos. 1 to 10 challenging the election as well as the continuation of the appellant herein as the Chairperson of the Baptla Municipal Council.

3. The following facts will highlight the controversy:

The appellant herein contested the election from Ward No.8 of Bapatla as a Councilor in the election held on 24.09.2005. He was declared elected. Later on he was elected as the Chairperson of the Council by all the elected Councilors. The said Ward was reserved for Scheduled Castes and the office of the Chairperson of Bapatla Municipal Council was also reserved for the Scheduled Castes by a Notification dated 18.08.2005 issued by the Government of Andhra Pradesh. The appellant herein claimed that he belonged to the Scheduled Caste, namely, "Mala", which is one of the castes specified in the Constitution.

4. After about six months of the election of the appellant as the Chairperson, a representation came to be filed by the 1st respon












































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