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2012 Supreme(Bom) 618

D.D.SINHA, V.K.TAHILRAMANI
Rajesh Bharat Latkar Adult – Appellant
Versus
State of Maharashtra, Through the Department – Respondent


Advocate Appeared:
For the Petitioner:Y.S. Jahagirdar, Sr. Advocate i/b. C.G. Patil, Advocate.
For the Respondents:R1, A.B. Vagyani, R2, S.S. Patwardhan, R3, S.B. Shetye, R4, S.R. Ganbavale, Advocates.

Judgment :

D. Sinha, J.

Rule, returnable forthwith. Learned counsel for the respective respondents waives service.

Heard finally by consent of parties.

2. The writ petition is directed against the communication dated 10.1.2012 issued by the Commissioner of Kolhapur Municipal Corporation whereby retrospectively terminating the election of the petitioner as a Corporator.

3. The learned counsel for the petitioner has submitted that the petitioner obtained a caste certificate on 15.5.2010 from the competent authority whereby it is certified that the petitioner belongs to “Pancham” caste, which is recognized as “other backward class”. The competent Caste Scrutiny Committee verified the caste claim of the petitioner and issued Validity Certificate on 19.5.2010.

4. The learned counsel for the petitioner has submitted that the petitioner contested the election of respondent no. 2 – Kolhapur Municipal Corporation which was held on 30.10.2010 from Ward No. 12 which was reserved for “other backward class”. The petitioner was elected in the said election by majority of votes. One Smita Maruti Mani – respondent no. 4 herein who had contested the election from Ward No. 12 against the petitioner wa









































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