RASHMI RAMESH PAHUDKAR Vs. ASHA VASANTKUMAR ANCHAN

JUDGEMENT

(1.) Rule. Heard forthwith.

(2.) The petitioner contested the elections against a seat reserved for Other backward Classes of Citizens (Women) , being Ward No. 114 of the Municipal corporation of Greater Mumbai, Pursuant to the notification issued for holding elections in December, 2006 the elections were held on 1st February, 2007 and the election results were declared on 2nd February, 2007. Before contesting the elections the petitioner applied for caste certificate as she claimed as belonging to Shetty community which according to the petitioner is notified as O. B. C. in the Notification published by the Maharashtra State government dated 20th May, 2006. In terms of the said Notification at Serial No. 171 of O. B. C. list the entry was shown, as "kurhin, Shetty". It is the case of the petitioner, therefore, that as per the said Notification Kurhin and Shetty are shown as two distinct and separate castes amongst the Other Backward Classes of Citizens. The petitioner was issued caste certificate by the Deputy Collector, mumbai Suburban District on 13th December, 2006. In support of the application for caste certificate petitioner had submitted affidavit dated 28th September, 2006, Application dated 13th December, 2006, School Leaving Certificate, Caste certificate of her uncle issued by the Executive Magistrate, Bantwal in Karnataka state, Ration Card, father's death certificate and proof of her residence in mumbai.

(3.) The petitioner's caste certificate had been forwarded to the respondent no. 2 under Caste Verification Application No. 3521 dated 15th January, 2007 which was received by the Sub Divisional Officer, Mumbai Suburban District.