JUDGMENT - THAKKER C.K., C.J.:---The petitioner by this petition challenges the order, dated April 10, 2003 passed by the Additional Chief Judge, Small Causes Court, Mumbai in Interim Notice No. 214 of 2003 in Election Petition No. 24 of 2003. In the operative part of the order, the Additional Judge of Small Causes Court observed as under:---

"Int. Notice No. 214 of 2003 in Election Petition No. 24 of 2002 is hereby made absolute in respect of prayer Clause (b) of paragraph 9 of the notice and it is hereby declared that the petitioner Mrs. Shahinara Salin Baiq is hereby declared as an elected from Municipal Corporation Ward No. 108 of Municipal Corporation of Greater Mumbai."

(Emphasis supplied)

2. Certain facts are not in dispute. Petitioner herein was declared as elected Councillor from Ward No. 108 of Brihanmumbai Municipal Corporation, a constituency reserved for Other Backward Class Community Women. By a decision, dated December 13, 2002 taken by the Caste Certificate Verification Committee, Kokan Division, the Caste Validity Certificate of the petitioner of Kunbi Community was held invalid and was cancelled. She, therefore, was held disqualified from contesting the election and

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