DHANANJAY SAWANT Vs. VILAS SHRIPATI KESARKAR

JUDGEMENT

(1.) Heard the counsel for the parties.

(2.) By this petition, review is sought of our order dated 24th July, 2007 on the ground that section 5b of the Mumbai Municipal Corporation Act was not in existence on the date on which the petitioner was elected and, therefore, the petitioner is not disqualified to be a Councillor.

(3.) The petitioner was elected as a Councillor in a seat reserved for other backward class. The petitioner, who had produced a caste certificate of belonging to a Kunbi Caste, got elected to the reserved seat. The caste certificate which was found to be incorrect and the caste certificate has been invalidated by an order dated 20th April, 2007 by the Caste Scrutiny Committee. Even though section 5b of the Mumbai Municipal Corporation Act was not in force on the date on which the petitioner was elected, still we are of the view that the petitioner is not entitled to an interim relief to continue as a Councillor for the reasons indicated below.