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2016 Supreme(Bom) 1823

SHANTANU S.KEMKAR, M.S.KARNIK
Ashvini Ramchandra Bhogam Alias Mrs. Ashvini Amer Ramane – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioners: Mr. A.V. Anturkar, Mr. Abhay Anturkar, Mr. Prathamesh Bargude, Mr. A. Vadne and Mr. Tanaji Mhatugade.
For the Respondents: Mr. A.B. Vagyani, Ms. M.P. Thakur, Ms. Tintina Hazarika and Mr. A.M. Adgule.

JUDGMENT :

M.S. Karnik, J.

1. By this Petition, the petitioner has challenged the order dated 09.05.2016 passed by the Divisional Caste Certificate Scrutiny Committee No. 2., Kolhapur i.e. respondent No. 2 herein thereby invalidating the caste certificate of the petitioner bearing No. 1282 of 2015 dated 24.08.2005. Respondent No. 2 also directed the confiscation of the caste certificate. The petitioner is also aggrieved by the consequential order of disqualification dated 09.05.2016 of the petitioner passed by the Municipal Commissioner, Kolhapur viz. respondent No. 3 herein.

2. The petitioner was elected as a Councillor in the year 2015 from ward No. 77 which was reserved for woman of other backward class. The petitioner is also a Mayor of the Kolhapur Municipal Corporation.

3. The petitioner claims to belong to "Hindu Kunbi" caste which is recognised as other backward class ('OBC' for short) in the State of Maharashtra. The said caste certificate was issued by the Sub-Divisional Officer, Karveer bearing serial No. 1282 of 2015 on 24.08.2015.

4. The petitioner's caste certificate was referred to the respondent No. 2-Committee for the purpose of validation. The petitioner relied upon a






















































































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