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2004 Supreme(Bom) 1365

H.L.GOKHALE, NISHITA MHATRE
Janardhan Vasant Yadav – Appellant
Versus
Vidyadhar Kanade – Respondent


Judgment

H. L. GOKHALE, J.

( 1 ) THE Petitioner herein is a Municipal corporator elected to Respondent No. 2-Municipal corporation of Greater Mumbai from a Ward reserved for, the Backward Class candidates. Respondent no-1 is the Additional Municipal Commissioner of respondent No. 2. The Caste Certificate Scrutiny committee (hereinafter referred to as the "scrutiny Committee") appointed by Respondent no. 4-State of Maharashtra, by its decision/order dated 23rd/29th July 2002, cancelled the Caste certificate on the basis of which the Petitioner had contested the election to Respondent no. 2-Municipal Corporation. This order cancelled the certificate of validity issued to the petitioner. . Consequently, Respondent No. 1 issued an order dated 14th August 2002 stating that as a result of the said order of the Scrutiny committee, Section 16 (1c) (a) of the Mumbai municipal Corporation Act, 1888 (hereinafter referred to as the "mmc Act") will come into application and the Petitioner shall be deemed to have vacated his office as a Corporator from the date of the declaration given by the Scrutiny committee. Respondent No. 3 to this Petition is the Collector of Mumbai.

( 2 ) IT is this order

















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