RAJENDRA DHANJI SAKHALA Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) Rule. By consent rule is made returnable forthwith. Heard counsel for the parties.

(2.) By this petition the petitioner seeks a writ of certiorari or any other appropriate writ for setting aside the notification dated 12th September, 2007 issued by the respondent No. 1 - State Election Commission for holding of the by-election to Ward Nod. 13 of the Mumbai Municipal Corporation (for short, "the Corporation").

(3.) The general election to the respondent No. 2 Mumbai Municipal corporation were held on 1st February, 2007 and the respondent No. 4 was declared elected to a seat reserved for the "other Backward Classes" (for short, "obc"). The elections results were declared on 2nd February, 2007. The caste certificate produced by the respondent No. 4 declaring her caste to be vaishyvani, on enquiry was invalidated by the Caste Scrutiny Committee by its order dated 2nd June, 2007. Consequently, the election of the respondent No. 4 to the post of Councillor was deemed to be invalidated under second proviso to section 5 (b) of the Mumbai Municipal Corporation Act, 1888 (for short, "the act". ) Though the respondent No. 4 has challenged the order of the Caste scrutiny Committee invalidating her caste certificate by filing a writ petition no stay either to the order of the Caste Scrutiny Committee or to the termination of her election has been granted.