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2022 Supreme(Bom) 2091

R. D. DHANUKA, KAMAL KHATA
Naziya Banu Abdul Hafiz Ansari – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
Uday P.Warunjikar, Advocate, Puja Achrekar, Advocate, A.I.Patel, Advocate, A.A.Alaspurkar, Advocate, Om Suryawanshi, Advocate, Sarika Shetye, Advocate, S.B.Shetye, Advocate, R.K.Mendadkar, Advocate, C.K.Bhangoji, Advocate, Tanaji V.Jadhav, Advocate

JUDGMENT

R.D.DHANUKA, J. - By this petition filed under Article 226 of the Constitution of India, the petitioner seeks a writ of certiorari for quashing and setting aside the order dtd. 27/8/2019 passed by the Respondent no.2 i.e. District Caste Certificate Scrutiny Committee invalidating the Caste Certificate. The petitioner also seeks order and direction against the Respondent no.2 to grant validity to the Caste Certificates dtd. 4/11/2016 issued by the Competent Authority to the petitioner.

2. The petitioner also seeks a writ of certiorari for quashing and setting aside the impugned Notification dtd. 6/1/2022 debarring/disqualifying the petitioner for 6 years from the date of the order for being elected or being a Councilor of the Respondent no.3. Some of the relevant facts for the purpose of deciding this petition are as under :-

3. The petitioner had made an application for grant of Caste Certificate to the Competent Authority i.e. Sub-Divisional Officer, Bhiwandi. It is the case of the petitioner that the petitioner belongs to Muslim Julaha, an Other Backward Class (OBC) at Serial No.57 of the Government Resolution dtd. 13/11/1967 as amended from time to time.

4. The Competent

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