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2021 Supreme(Bom) 690

S.J.KATHAWALLA, VINAY JOSHI
Suresh Dhondiram Sutar – Appellant
Versus
Sandip Jaywant Davar – Respondent


Advocates appeared:
Chetan G Patil, Advocate, Prashant Bhavake, Advocate, K.N. Solunke, Advocate

JUDGMENT

Vinay Joshi, J. - Rule. Rule made returnable forthwith. Heard finally by consent of parties.

2. The subject matter of challenge in this Petition is the order dated 15th February, 2019 passed by Respondent No. 2 District Caste Scrutiny Committee, Kolhapur (Scrutiny Committee) validating the caste certificate of Respondent No.1 Sandip Jaywant Davar belonging to Kunbi caste, recognized as Other Backward Class ("OBC"), which is at Serial No. 83 under Government Resolution dated 13th October, 1967, as amended from time to time.

3. The brief facts of the Petition are that the election of the Gram Panchayat in village Farale of Radhanagari Tahsil, Kolhapur district was held on 28th May, 2018. As per the reservation policy, the post of Sarpanch for Village Farale was reserved for a candidate belonging to OBC. On the basis of the caste certificate issued by the SDO, Radhanagri-Kagal, dated 5th May, 2018, Respondent No.1 contested the election for the post of Sarpanch and got elected. The Petitioner also belongs to OBC caste, who equally contested the election for the post of Sarpanch but could not succeed.

4. After the election, the Respondent No.1 has submitted his caste certificate t

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