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2017 Supreme(Bom) 582

NARESH H.PATIL, SHALINI PHANSALKAR-JOSHI
Kalpita Gangaram Mane, Married name : Kalpita Rohidas Salunkhe – Appellant
Versus
Divisional Caste Certificate Scrutiny – Respondent


Advocates Appeared:
For the Petitioner: Mr. R.K. Mendadkar, Mr. Rakesh Sawant
For the Respondents: Mr. Vikas Mali, Mr. Sachin Pawar

JUDGMENT :

Shalini Phansalkar-Joshi, J.

1. Rule. Rule made returnable forthwith. Heard finally, by consent of the parties.

2. By this petition filed under Article 226 of the Constitution of India, the Petitioner is challenging the order dated 2nd April 2016 passed by Respondent No.1-the Divisional Caste Certificate Scrutiny Committee No.1, Konkan Bhavan, Mumbai (for short 'the Committee'), thereby invalidating the Caste Certificate of the Petitioner as belonging to the caste “Hindu Kunbi”.

3. The case of the Petitioner is to the effect that she belongs to “Kunbi” community. She had contested the election to the Gram Panchayat of Roth Budruk, Taluka Roha, District Raigad, held on 22nd April 2015, from the seat reserved for 'women candidate' from “Other Backward Classes” (OBC). Subsequent to being elected as 'Member', she was further elected as 'Sarpanch' of the Gram Panchayat. The wife of Respondent No.2 had also contested in the said election, however, she has lost. Being aggrieved, she made a complaint to Respondent No.1-the Committee alleging that the Petitioner is not belonging to OBC. Meanwhile, the Caste Certificate of the Petitioner was also sent to Respondent No.1-Committee for



























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