KAUSTUBH D GOKHALE Vs. HARISHCHANDRA G HARDAS

JUDGEMENT

(1.) Rule. Returnable forthwith. Heard finally.

(2.) The Petitioners by this Petition have challenged the stated inaction on the part of the Commissioner of Kalyan Dombivali Municipal Corporation (K.D.M.C.) and prayed that the Office of the Municipal Uday P. Kambli 1/4 Councilor for Ward No.19 of Respondent No.2-KDMC be declared as vacant and also prayed to set aside the Caste validity Certificate issued to Respondent No.1. Prayer is also made to direct the Respondent No.2- KDMC and Respondents Nos.3 & 4 to take steps to fill the vacant post of Municipal Councilor for the said Ward and with further prayer to recover the deposit availed by Respondent No.1 from the State Exchequer for the period from 2010 to 2012 in his capacity as Municipal Councilor of Ward No.19.

(3.) Respondents contested the issues in all respect. However, considering the undisputed position on record and in view of the judgment of Division Bench of this Court in Writ Petition No.10194 of 2010 (Smt.Chaitrali Prakash Borhade v/s. Mr.Rejendra Jaywant Dewalekar & ors.) dated 8 June 2012, whereby this Court declared that "Dewalekar as belonging to OBC are declared as non-est from its inception and the same are quashed and set aside". By reasoned order highlighted portion of paragraph 3 of the Government Resolution dated 19 July 2011 was also quashed and set aside being illegal and unconstitutional. The Respondent No.1 got elected on the basis of same Vaishya-Wani caste (OBC). Therefore, in view of above judgment of this Court the caste Vaishya-Wani itself is not in existence to claim the benefits of OBC so availed by Uday P. Kambli 2/4 Respondent No.1. Therefore, there is no question to continue to enjoy the post of Councilor as contended by the learned Counsel appearing for the Petitioners.