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2015 Supreme(Bom) 231

VASANTI A.NAIK, C.V.BHADANG
Lawrence Salvador DSouza – Appellant
Versus
State of Maharashtra, through its secretary Social Justice Department – Respondent


Advocate Appeared
For the Petitioner:Anil Sakhare, Senior Counsel, Nikhil Sakhardande, Joel Carlos i/by Sandesh D. Patil, Advocates.
For the Respondents:R1 to R3 & R6, Vikas Mali, AGP, R4, R.S. Apte, Senior Counsel i/by Mandar Limaye, R5, P.K. Dhakephalkar, Senior Counsel with R.K. Mendadkar, Advocates.

Judgment: (Vasanti A. Naik, J.)

Rule. Rule made returnable forthwith. The petition is heard finally with the consent of the learned counsel for the parties. By this petition, the petitioner challenges the order of the scrutiny committee, dated 29-30.12.2014 invalidating the claim of the petitioner of belonging to the East Indian Christian Community. The petitioner also challenges the consequential order disqualifying the petitioner as the Corporator of the Thane Municipal Corporation. Few facts necessary for deciding the writ petition are stated thus:

The petitioner and the respondent no.5 contested the election to the Municipal Corporation, Thane on a post reserved for the other backward classes. The petitioner claims to belong to East Indian Christian Community, which falls in the other backward classes. The caste claim of the petitioner was sent to the respondent no.2-scrutiny committee for verification and the scrutiny committee on a consideration of the material on record, validated the caste claim of the petitioner. The respondent no.5, who had also contested the election and was defeated, challenged the order of the scrutiny committee by filing a writ petition. The said writ p








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