RAMESH SURESH KAMBLE Vs. STATE OF MAHATRASHTRA

JUDGEMENT

(1.) Ramesh Suresh Kamble - the petitioner - has filed this Writ Petition challenging the order dated 5.12.2005 passed by the respondent no.3 disqualifying him under section 16(1C)(a) of the Mumbai Municipal Corporation Act, 1888 (for short the "M.M.C. Act") as Councillor with effect from 24.11.2005. The order dated 5.12.2005 came to be passed because the petitioner's caste certificate dated 9.10.1998 was invalidated by the Divisional Caste Scrutiny Committee, Konkan Division. The Division Bench before which the matter came up for consideration was of the view that it required consideration by the larger Bench. This is what the Division Bench observed in the order dated 12.7.2006:-

(2.) Hon'ble the Chief Justice, accordingly, has assigned the Writ Petition for hearing to this Full Bench.

(3.) We may set out the essential facts first. The Deputy Collector, Mumbai Suburban District, on the application made by the petitioner, granted certificate to him on 9.10.1998 certifying that he belongs to Scheduled Caste community, viz., Boudha. Armed with the said certificate, the petitioner contested the general election to the Municipal Corporation of Brihan Mumbai from ward no.192 - reserved ward for Scheduled Castes held on 10.2.2002. The respondent no.4, amongst others, also contested the said election. The petitioner was declared as the elected candidate.