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2010 Supreme(Bom) 1408

A.M.KHANWILKAR, R.M.SAVANT
Vishwanath Pandurang Mahadeshwar – Appellant
Versus
Caste Certificate Verification Committee – Respondent


Advocates Appeared:
For the Appearing Parties:Girish Kulkarni with Sandeep Waghmare, Kirit J. Hakani with Rahul Hakani, S.R. Nargolkar, G.P., R.K. Mendadkar, Vaishyawani Samaj Madhyavarti Sanstha, Advocates.

JUDGMENT

A.M. KHANWILKAR, J.

1. All these proceedings are disposed of by this common Judgment, as overlapping issues are involved. For the sake of convenience, we would address the parties as per the description given in the cause title of the leading Writ Petition being Writ Petition No.4335 of 2007.

2. The controversy that arises before us is on account of the invalidation of the caste claim of the Petitioner by the Scrutiny Committee. As a result of which, the Petitioner was required to vacate the Office of Municipal Corporator from Ward No.86 of Mumbai Municipal Corporation. The Respondent No.5 (Petitioner in WP/1148/08) who has been impleaded subsequently in the Writ Petition filed by the Petitioner had contested Election of 2007 from Ward No.86 reserved for Other Backward Classes (hereinafter referred to as `OBC’). The Petitioner claims that he belongs to Vaishyawani Caste, which according to him, is notified as OBC. In support of this claim, he relies on the Certificate issued by the Executive Magistrate, Kudal dated 17th May 1993. Whereas, the Respondent No.5 claims that he belongs to Nai Caste which is admittedly notified as OBC. In the said election, the Petitioner was de
































































































































































































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