JAGDISH REVANSIDDHA PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this petition filed under Article 226 of the Constitution of India, the Petitioner is challenging the judgment and order dated 29th November 2014 passed by the caste scrutiny committee, Solapur, the order dated 2 nd December 2014 passed by the Commissioner, Solapur Municipal Corporation and the circular / order dated 17th July 2013 issued by the State Election Commissioner, Maharashtra State.

(2.) By the order dated 29th November 2014, the caste scrutiny committee invalidated the Petitioner's caste claim that he belongs to "Teli" caste, which is notified as Other Backward Class [for short "OBC"]. On the basis of above order of the caste scrutiny committee, the Commissioner of Solapur Municipal Corporation passed the order dated 2 nd December 2014 thereby declaring that the Petitioner is disqualified and that his seat is deemed to have fallen vacant. By the circular dated 17 th July 2013, the State Election Commission has authorised the Commissioners of Municipal Corporations to pass formal order of declaring any councillor as disqualified on account of his caste claim being invalidated by the caste scrutiny committee irrespective of the pendency of any election petition.

(3.) In order to support his caste claim that he belongs to "Teli" caste, the Petitioner has mainly relied upon the following documents :