MARLAPALLE B.H., J.:---Heard Shri Golegaonkar, the learned Counsel for the petitioner.

2. The petition was heard by us on 27th and 28th of March, 2002 as well as on 1st April, 2002.

3. Rule. Shri. Sawant, learned Government Pleader waives service for respondent Nos. 1 to 3 and 6. Shri Shelke, learned Advocate waives service for respondent No. 4 and Shri Soman, learned Advocate waives service for respondent No. 5. Rule made returnable forthwith.

4. The petitioner claims that he belongs to the "Kunbi" caste which is listed in Other Backward Classes at Serial No. 83 in the list, as published by the State Government, and the Taluka Executive Magistrate, Aurangabad had issued to him a caste certificate to that effect on 15th June, 1996/2nd July, 1996. On the basis of the said caste certificate he contested the elections of the Aurangabad Municipal Corporation from Ward No. 42 which was reserved for the Other Backward Classes. He was declared elected sometimes in April, 2000. The Commissioner of Aurangabad Municipal Corporation, vide his order dated 26th of April, 2000, referred the petitioners caste claim for verification to the respondent No. 2 Committee on the basis of a complain