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2022 Supreme(Bom) 162

A.A.SAYED, S.G.DIGE
Neha Khursheed Alam Shaikh – Appellant
Versus
State of Maharashtra, through its Secretary, Social Justice – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. C. K. Bhangoji, Advocate i/by R. K. Mendadkar
For the Respondent:Mr.Uday Warunjikar, Advocate a/with Ms. Puja J. Acharekar, Advocate, Mrs. R.M.Shinde, AGP, Ms.Sarika Shetye, Advocate i/by Mr. S.B. Shetye, Mr. Om Suryavanshi

JUDGMENT :

S. G. Dige, J.

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

2. By this Petition under Article 226 of the Constitution of India, the Petitioner has challenged the order passed by the District Caste Certificate Scrutiny Committee, Mumbai Suburban, (Hereinafter referred to as “Scrutiny Committee”) dated 26th June, 2019, thereby invalidating the Caste Certificate of the Petitioner as belonging to “Mansuri Caste” which is notified as Other Backward Class.

3. The case of the Petitioner, in brief, is as under :

    (a) The Petitioner was granted caste certificate as belonging to “Mansuri” by the Additional Deputy Collector, Mumbai Suburban District, Bandra, (Respondent No.3) on 11th October, 2011. She moved Scrutiny Committee (Respondent No. 2) for verification of her caste certificate as she intended to contest election of Mumbai Municipal Corporation (hereinafter referred as “said Corporation”). Thereafter, she filed her Nomination Form for contesting general election of the said Corporation. The elections were conducted on 21st February, 2019 and results were declared on 23rd February, 2019, in which Respondent No. 4 Naiyabanu Abdul Hafiz Ansari w

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