Per LODHA R.M., J.: - Ramesh Suresh Kamble - the petitioner - has filed this Writ Petition challenging the order dated 5-12-2005 passed by the respondent No.3 disqualifying him under section 16(1C)(a) of the Mumbai Municipal Corporation Act, 1888 (for short the "M.M.C. Act") as Councillor with effect from 24-11-2005. The order dated 5-12-2005 came to be passed because the petitioners caste certificate dated 9-10-1998 was invalidated by the Divisional Caste Scrutiny Committee, Konkan Division. The Division Bench before which the matter came up for consideration was of the view that it required consideration by the larger Bench. This is what the Division Bench observed in the order dated 12-7-2006:"By this petition, petitioner has questioned his automatic disqualification under the provisions of section 16(1C)(B) of BMC Act. Division Bench of this Court of which I, (V.G. Palshikar, J.) was member, had taken a view that in order to attract provisions of section 16(1C)(B), Caste Scrutiny Committee has imposed fine and stated that the certificate was false and the order was obtained by false claim or representation. Similar view is taken in reported decision in 2006(Supp.) Bom.C.R. (A.B.)618 : 2006(1) Mh.L.J. 308 (Surendra Hanmanloo Gandam v. State of Maharashtra) 1. When both the matters were argued and decided, Full Bench judgment of this Court reported in 2004(5) Bom.C.R. (F.B.) 497 : 2004(3) Mh.L.J. 1109 (Sujit Vasant Patil v. State of Maharashtra)2, was not brought to the notice of the Bench. Today, when this matter was heard for quite some time, Shri Mendadkar, learned Counsel for the respondent, relied on this judgment for contending that the petition is liable to be dismissed. Reference was made by him to paragraphs 12A and 12B of the Full Bench judgment. From the perusal of the contents of the paragraphs, it appears that provisions contained in section 16(1C) and similar provisions in other enactments were not brought to the notice of Full Bench. If those provisions are looked into, in our opinion, matter requires re-consideration. Hence, place the papers of this petition before My Lord The Chief Justice for appropriate orders regarding hearing."

2. Honble the Chief Justice, accordingly, has assigned the writ petition for hearing to this Full Bench.

3. We may set out the essential facts first. The Deputy Collector, Mumbai Suburban District, on the application made by the petitioner, granted certificate to him on 9-101998 certifying that he belongs to Scheduled Caste community, viz., Boudha. Armed with the said certificate, the petitioner contested the general election to the Municipal Corporation of Brihan Mumbai from ward No. 192 - reserved ward for Scheduled Castes held on 10-2-2002. The respondent No.4, amongst others, also contested the said election. The petitioner was declared as the elected candidate.

4. On the complaint of the respondent No. 4, the caste claim of the petitioner was sent to the Divisional Caste Scrutiny Committee, Konkan Division, for verification. The Divisional Caste Scrutiny Committee, after holding the necessary inquiry, by its order dated 11-11-2005 declared that the Caste Certificate dated 9-10-1998 issued by the Deputy Collector, Mumbai Suburban District to the petitioner, was invalid. The Caste Scrutiny Committee, accordingly, cancelled the said certificate. The operative order of the Divisional Caste Scrutiny Committee dated 11.11.2005, on translation into English, reads thus:The Committee made scrutiny of proofs (No. 1 to 88) submitted by the candidate, complainant and police vigilance squad and took the same into consideration. Similarly, the evidence and proofs submitted before the committee have been discussed from time to time as above and on that basis the committee has arrived at the decision that as Baptism of Shri Suresh Waman Kamble, the father of Candidate Shri Ramesh Suresh Kamble is performed on the date 22/3/1970, and as his mother is Christian, the candidate Shri Ramesh Suresh K

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