GEETA KISAN GORE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner by this petition challenges the order, dated April 10, 2003 passed by the Additional Chief Judge, Small Causes court, Mumbai in Interim Notice No. 214 of 2003 in Election Petition No. 24 of 2003. In the operative part of the order, the Additional Judge of Small Causes court observed as under:

(2.) CERTAIN facts are not in dispute. Petitioner herein was declared as elected councillor from Ward No. 108 of Brihanmumbai Municipal Corporation, a constituency reserved for Other Backward Class Community Women. By a decision, dated December 13, 2002 taken by the Caste Certificate Verification committee, Kokan Division, the Caste Validity Certificate of the petitioner of 'kunbi' Community was held invalid and was cancelled. She, therefore, was held disqualified from contesting the election and retaining the seat as Councillor. The said action was challenged by the petitioner by filing a writ petition (Writ Petition No. 214 of 2003) in this Court and a Division Bench of this court dismissed her writ petition on 13th February, 2003.

(3.) IT is an admitted position that when the above decision was taken by the committee as well as by this Court, respondent No. 4 had already instituted election petition on February 20, 2002 and the same was pending before the Small Causes Court. Relying on provisions of section 32 of the Mumbai municipal Corporation Act, 1888 (hereinafter referred to as "the Act"), the additional Chief Judge of the Small Causes Court declared respondent No. 4 herein as elected candidate The said action is challenged by the petitioner by filing this petition.