LAWS(BOM)-2007-7-161

MADHURI NAGESH DHURVE Vs. STATE ELECTION COMMISSONER

Decided On July 13, 2007
MADHURI NAGESH DHURVE Appellant
V/S
STATE ELECTION COMMISSIONER MUMBAI Respondents

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith as respondents are represented. Service to respondent No. 3 is not necessary since she is a proforma respondent and no relief is claimed against her.

(2.) Petitioner-herein who was one amongst the two candidates contesting from Ward No. 36 where respondent No. 3 was elected as Corporator, has filed this petition.

(3.) The caste claim of respondent No. 3 has been held invalid and by virtue of effect of section 10 (4) of the Maharashtra Scheduled Caste, Scheduled Tribes, de-notified Tribes (Vimukta Jatis) , Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000, and section 9aa of the City of Nagpur Corporation act, 1948, respondent No. 3 stands unseated and disqualified retrospectively.