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2022 Supreme(Bom) 30

S.J.KATHAWALLA, MILIND N.JADHAV
Swapnil Baban Shinde – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. R.K. Mendadkar, Advocate
For the Respondent:Mr. R.S. Pawar, Mr. T.D. Deshmukh, Advocate

JUDGMENT :

S.J. Kathawalla, Milind N. Jadhav, JJ.

By the present Writ Petition, the Petitioner has prayed for the following reliefs:

    "(a) This Hon'ble Court be pleased to issue Writ of Certiorari and or any other Writ, Order or Direction in the nature of Certiorari thereby quashing and setting aside the impugned order dated 9-4-2021 passed by the Respondent no.2 committee with further direction to reconsider every aspects in accordance with law.

(a-1) That this Hon'ble Court be pleased to quash and set aside the order dated 16th July, 2021 passed by the Respondent No.3 Collector thereby disqualifying the petitioner as a Member of Grampanchayat, Kasar Amboli, Tal. Mulshi, District Pune.”

2. Briefly stated the facts are as under:-

2.1. Petitioner contested election from Ward No.4 of Grampanchayat Kasar Amboli, Tal. Mulshi, District Pune, reserved for Other Backward Class (for short "OBC"). Petitioner claims to belong to "Kunbi” caste which is recognised as OBC in the State of Maharashtra. The Divisional Officer, Maval - Mulshi Sub-Division, District Pune issued Caste Certificate dated

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