Mahendra Pandharinath Kulkarni v. The State Of Maharashtra And ORS

wp6355.10.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO. 6355 OF 2010 Mahendra s/o Pandharinath Kulkarni .. PETITIONER

VERSUS

The State of Maharashtra & others .. RESPONDENTS Mr. N.A. Matkar, advocate holding for Mrs. Vaishali Jadhav, advocate for petitioner.

Mr. S.G. Karlekar, AGP for the State.

Mr. P.P. More, advocate for respondent no.3.

===== CORAM : R.M. BORDE & P. R. BORA, JJ.

DATE : 21ST SEPTEMBER, 2015.

PER COURT :

1.

Petitioner is challenging the order of validation of caste certificate issued in favour of respondent no. 4.

2.

It is the contention of petitioner that the family of respondent no. 4 is migrated from the State of Haryana and as such, he is not entitled to claim the benefits available to Scheduled Caste community in the State of Maharashtra. There is absolutely no material placed on record to demonstrate that respondent no. 4 is migrate from the State of Haryana. It does appear that the respondent is born and brought up in the State of Maharashtra and, the caste certificate has been issued by the competent authority.

3.

Instant petition is presented by the petitioner who claims to be a

wp6355.10.doc social worker and political activist, objecting to the validation of the caste certificate issued in favour of respondent no. 4 since respondent no.4 was elected as member of Aurangabad Municipal Corporation. However, it has now been pointed out that the elected term of office of respondent no. 4 has come to an end and that he is not re-elected. In this view of the matter and for the reasons recorded above, there is no merit in the petition. Writ petition stands rejected.

( P. R. BORA ) ( R. M. BORDE ) JUDGE JUDGE dyb