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2022 Supreme(Bom) 69

A.A.SAYED, S.G.DIGE
Mohammad Hussain Ishaque Khan – Appellant
Versus
Abdul Gafoor Ahmad Pathan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Sugandh B. Deshmukh
For the Respondent: Mr. Jayesh Kotecha

JUDGMENT :

S.G. Dige, J

Rule. Rule made returnable forthwith. Heard finally by consent of all parties.

2. Both the Writ Petitions are directed against an order dt.17.7.2017 passed by Respondent No.2-Caste Scrutiny Committee, Pune, (for short ‘Scrutiny Committee’) validating the caste claim of Respondent No.1(Respondent No.3 in W.P.No.7717/2018) as ‘DagadPhodu’ (Vimukta Jati), We are disposing of both the petitions by way of this common Judgment.

3. The Divisional Officer, Junnar issued a caste certificate in favour of Shri Abdul Gafoor Ahmad Pathan (‘Respondent No.1’) on 16.10.2016 as ‘DagadPhodu caste’ (V.J.N.T.). On the basis of said certificate, Respondent No.1 contested the general election of the Pune Municipal Corporation (for short ‘Corporation’) for the period 2017-2022 against whom Mohammad Hussain Ishaque Khan, Petitioner No.1 in W.P. No.5618/2018 and Anuradha Madan Shinde, Petitioner No.2 in W.P.No.7717/2018 have contested the said election. Respondent No.1 was declared elected as a Councillor from Ward No.27A of the Corporation which was reserved for the Other Backward Class.

4. The Corporation asked Respondent No.1 to approach the Scrutiny Committee, Pune for validation of

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