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2003 Supreme(Bom) 685

C.K.THAKKER, V.K.TAHILRAMANI
Vijay Kisan Karanjkar – Appellant
Versus
State of Maharashtra & others – Respondent


JUDGMENT - THAKKER C.K., C.J.:---Rule. Mr. R.M. Patne, Assistant Government Pleader, appears and waives service of notice of rule on behalf of respondent Nos. 1 to 5. Mr. V.A. Thorat, Senior Advocate instructed by Mr. R.K. Mendadkar with Suresh S. Shah, appears and waives service of notice of rule on behalf of respondent No. 6.

2. We have heard the learned Counsel for the parties and at their request, the matter is taken for final hearing.

3. The petitioner has filed the present petition for quashing and setting aside the decision of the Caste Certificate Scrutiny Committee, Nasik respondent No. 3 herein, dated May 12, 2003 (Exhibit F) being illegal, unlawful and violative of natural justice and fair play.

4. The case of the petitioner is that he belongs to Kunbi caste, recognized as Other Backward Class (OBC). Election of Bhagur Nagar Parishad was held on December 2, 2001. The petitioner contested the election as OBC candidate (kunbi) and got himself elected as the President by securing maximum votes. According to the petitioner, respondent No. 6 was his political rival who made a complaint that the petitioner did not belong to OBC and, hence, could not have contested the election in

































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