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2014 Supreme(Bom) 1157

ANOOP V.MOHTA, M.S.SONAK
Devram Laxman Bhoir – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
Mr. P. K. Dhakephalkar, Senior Advocate with Mr. R.K. Mendadkar and
Ms. Helan D. Koli Mandlik for the Petitioner.
Mr. A.I. Patel, AGP for Respondents 1 to 3.
Mr. A. Y. Sakhare, Senior Advocate with Mr. Chirag Shah i/by J. J. Shah & Co for Respondent No.4.
Mr. A.R. Pitale for Respondent No.5.

JUDGMENT

PER ANOOP V. MOHTA, J. :

Rule, returnable forthwith.

Heard finally, by consent of the parties.

2. The Petitioner, a third party, has challenged the orders passed by the Caste Scrutiny Committee (for short “the Committee”), validating the caste of Respondent No.4, original claimant as “East Indian Christian”. Both had contested the General Body Election of Thane Municipal Corporation. The Petitioner lost the election. The Petitioner's objection about the caste certificate was rejected, therefore this Writ Petition.

3. Respondent No.4 born in Christian family and baptisted accordingly, so also his father, uncles and forefathers. His family's place of residence is at Majiwade, Thane. His school leaving certificate is of 1987. On 1 March 2006, in view of recommendation of State Backward Commission, the caste “East Indian Christian” was included in the list of OBC as per the GR of State of Maharashtra. From 2009 onwards, a procedure prescribed by the Chancellor of Archdiocese of Bombay to grant permission to enter the caste in Baptism Certificate. On 19 April 2011, the Baptism Certificate of Respondent No.4 with remark as “East Indian Christian” issued by the Chancellor. On 12 May













































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