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2004 Supreme(Bom) 1114

A.P.SHAH, D.K.DESHMUKH, A.S.OKA
Sujit Vasant Patil – Appellant
Versus
State of Maharashtra & others – Respondent


Judgment

DESHMUKH D.K., J.:-The writ petition has been place before us because the Division Bench of this Court has referred following three questions for consideration to the Full Bench by order dated 30-1-2004.

(1) Whether in the matter of scrutiny and verification of the caste certificate and/or the caste claims of candidates elected to the Local Self-Government, the procedure laid down by the Apex Court in Kum Madhuri Patils case so also the procedure prescribed by the Resolution dated 1st January, 1998, 19th April, 1999 and 25th January, 2000 could have any application even before coming in force of Act No. XXIII of 2001 for the reason that Local Self-Government Acts were holding field and more so in view of the bar contained in Article 243-O and 243-ZG of the Constitution of India and other statutory provisions contained in the Local Self-Government Act providing for a remedy of an Election Petition?

(2) Whether the provision contained in Act No. XXIII of 2001 are repugnant to the scheme flowing from the provisions contained in Amending Act No. XI of 2002 and XXIV of 2000 and the other relevant provisions contained in parent Local Self-Government Act?

(3) Whether the provisions c


































































































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