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2006 Supreme(Bom) 1754

S.A.BOBDE, S.B.DESHMUKH, R.M.LODHA
RAMESH SURESH KAMBLE – Appellant
Versus
State of Maharashtra – Respondent


ORAL JUDGMENT

R. M. LODHA, 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 petitioner's 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(1)

























































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