JUDGMENT - R.M. LODHA, J.:---Rule. Returnable forthwith. Mrs. Dangre, learned A.G.P. waives service for respondent No. 1. Mr. Dubey, learned Counsel waives service for respondent No. 2. Mr. Raghute, learned Counsel, waives service for respondent No. 3.

2. By consent of learned Counsel for parties, we dispose of the Rule finally at this stage.

3.The petitioner is an elected Councillor/Corporator from Ward No. 23 of Nagpur Municipal Corporation, which is reserved for Scheduled Caste candidate. In the election held on 23-12-1997 the petitioner was elected defeating one Sheshrao Wasnik and Rajendra Tembhurne. Sheshrao Washik has filed Election Petition No. 73 of 1997 questioning petitioner's election as corporator from Ward No. 23. It appears that on the complaint of other defeated candidate, namely Rajendra Tembhurne respondent No. 3 herein the Divisional Social Welfare Officer (Caste Scrutiny Committee), invalidated petitioner's caste claim. The said order of Caste Scrutiny Committee invalidating petitioner's caste claim was challenged by petitioner in W.P. No. 2296 of 2000. The said petition stood dismissed on 28th June. The Commissioner, Nagpur Municipal Corporation, Nagar, vide comm

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