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2005 Supreme(Bom) 1226

D.Y.CHANDRACHUD, F.I.REBELLO
Indravati Rajan Yadav – Appellant
Versus
Shantidevi Kamleshkumar Yadav – Respondent


Judgment

F. I. REBELLO, J.

( 1 ) APPEARANCE has been put up on behalf of Respondent No. 3. None present for Respondent Nos. 1 and 2. Even otherwise considering the order to be passed, notice on them dispensed with. Rule, made returnable forthwith.

( 2 ) AT the general election held to fill in the seats to Respondent No. 3 corporation, Respondent No. 1 was declared elected. The seat was reserved for female (OBC) candidate. An election petition was filed by a voter before the Additional Chief judge, Court of Small Causes at Mumbai being election Petition No. 30 of 2002. Reliefs sought were to set aside the election of respondent No. 1 and to declare Respondent no. 2 as elected. The Petition was allowed and the election of Respondent No. 1 was set aside. At the same time, the Learned additional Chief Judge, Court of Small Causes declared Respondent No. 2 deemed to be elected against the vacancy occasioned by unseating of Respondent No. 1. It appears that an objection came to be raised against respondent No. 2 on the ground that she did not belong to the notified OBC caste. The matter for verification of the caste claim of respondent No. 2 was forwarded to the caste scrutiny committee w




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