INDRAVATI RAJAN YADAV Vs. SHANTIDEVI KAMLESHKUMAR YADAV

JUDGEMENT

(1.) Appearance has been put up on behalf of Respondent No. 3. None present for Respondent Nos. 1 and 2. Even otherwise considering the order to be passed, notice on them dispensed with. Rule, made returnable forthwith.

(2.) At the general election held to fill in the seats to Respondent No. 3 corporation, Respondent No. 1 was declared elected. The seat was reserved for female (OBC) candidate. An election petition was filed by a voter before the Additional Chief judge, Court of Small Causes at Mumbai being election Petition No. 30 of 2002. Reliefs sought were to set aside the election of respondent No. 1 and to declare Respondent no. 2 as elected. The Petition was allowed and the election of Respondent No. 1 was set aside. At the same time, the Learned additional Chief Judge, Court of Small Causes declared Respondent No. 2 deemed to be elected against the vacancy occasioned by unseating of Respondent No. 1. It appears that an objection came to be raised against respondent No. 2 on the ground that she did not belong to the notified OBC caste. The matter for verification of the caste claim of respondent No. 2 was forwarded to the caste scrutiny committee which rejected the claim of Respondent No. 2 as belonging to the o. B. C. Caste. Respondent No. 2 filed a petition challenging the said order before this court being Writ Petition No. 4272 of 2005. The Petition was dismissed. Consequently, respondent No. 2 ceased to hold office. Counsel appearing for the Petitioner points out that the Petition filed by Respondent No. 1 has also been dismissed.

(3.) It is the case of the Petitioner, that Petitioner ought to have been declared as deemed to be elected pursuant to the vacancy which has been occasioned by the unseating of Respondent Nos. 1 and 2. It is on this basis that the present Petition has been filed. It may be mentioned that the Petitioner herein was not a party in the Municipal election Petition No. 30 of 2002.