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2021 Supreme(Bom) 10

MANGESH S.PATIL
Vijay – Appellant
Versus
State of Maharashtra through the Additional Divisional Commissioner, Aurangabad Division, Aurangabad – Respondent


Advocate Appeared:
For the Petitioner:P.R. Katneshwarkar holding for Ganesh Gadhe, Advocates.
For the Respondents:D.S. Jape, A.G.P., Yogita Kshirsagar, Rajendra S. Deshmukh, Senior Advocate instructed by A.D. Hande, Advocates.

JUDGMENT :

1. Heard.

2. Rule. The Rule is made returnable forthwith. The learned A.G.P. and the learned Advocates for the respective respondents waive service. With the consent of both the sides, the matter is heard finally at the stage of admission.

3. By way of this petition under Article 227 of the Constitution of India, the petitioner is challenging the order of respondent No.1 – Divisional Commissioner, dated 15.11.2019, whereby application preferred by him under Section 40 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (“the Act”, for short), seeking disqualification of respondent No.4 for filing a false and bogus caste validity certificate while filing nomination form for election to a Panchayat during the election in the year 2012 wherein she was elected from O.B.C. category, has been rejected.

4. Mr. P.R. Katneshwarkar, the learned Advocate for the petitioner would submit that the caste validity certificate tendered by respondent No.4 as Maratha Kunbi, which falls under the O.B.C. category, while filing the nomination form, was false and bogus. The concerned Caste Scrutiny Committees at Yeotmal as well as Amravati, constituted under the Maharashtra Schedule

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