- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2558 OF 2008 ... Abdul Gafar Shaikh ...Petitioner v/s. State of Maharashtra & ors. ...Respondents ... Mr.R.K.Mendadkar for the Petitioner. Mr.C.R.Sonawane, AGP for State. Mr.S.M.Kamble for Respondent No.3. Mr.A.S.Rao for Respondent No.4. ... CORAM: D.K.DESHMUKH & J.P.DEVADHAR, JJ. DATED: 22ND SEPTEMBER, 2008 P.C.: 1. This writ petition is filed by the candidate who has been defeated at the election of the Municipal Corporation challenging the validity certificate granted by the Caste Scrutiny Committee in favour of the elected candidate. 2. The challenge is on the ground that the father of the contesting Respondent had migrated to Maharashtra in 1952 for employment. Admittedly, from 1952 the family of the contesting Respondent is settled in - 2 - Maharashtra. Perusal of the record shows that the Vigilance Cell report was in favour of the contesting Respondent saying that he belongs to Ahir, Caste which is other backward class in Maharashtra. 3. In our opinion, considering the law laid down by the Supreme Court in its judgment in the case of Kumari Madhuri Patil v/s. Addl.Commissioner, Tribal Development & ors. (1994) SCC 241, wherein the Supreme Court has categorically stated that if the report of the Vigilance Cell is in favour of the candidate seeking validity certificate, then nothing further is required to be done and considering that the challenge is by the defeated candidate, it will not be appropriate to entertain the petition. Petition is, therefore, rejected. (D.K.DESHMUKH, J.) (J.P.DEVADHAR, J.)