1512wp5886.11.odt 1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR WRIT PETITION NO.5886 of 2011. Hussainabi Abdul Aziz Abdul Kadir. ..vs.. Collector,Buldhana and ors. =-=-==-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Mr. A.C.Dharmadhikari Adv. for the petitioner. Mr.N.Sambre, G.P. for resp.nos.1,4 and 5. Mr. N.R.Saboo, Adv. for resp.no.2. C ORAM : D.D.SINHA AND A.P.BHANGALE, JJ. DATED : 15th DECEMBER, 2011. Heard the learned counsel for the petitioner as well as the respondents. The learned counsel for the petitioner seeks permission to amend the prayer clause of the petition by proposed amendment petitioner is seeking direction to the respondent no. 5 – Caste Scrutiny Committee to decide the caste claim of the petitioner within a stipulated period. The request is being of formal nature, granted. Appropriate amendment in the prayer clause of the petition be carried out forthwith. The petition is directed against the order passed by Election Officer dated 23/11/2011 whereby the nomination paper of the petitioner came to be rejected for want of non- submission of caste validity certificate. The learned counsel for 1512wp5886.11.odt 2 the petitioner has brought to the notice of this court that the elections in question are already over and there is an alternate efficacious remedy available under Section 21 of the Maharashtra (Municipal Councils) (Nagar Panchayats) and Industrial Township Act, 1965 against the same. The learned counsel for the petitioner has also submitted that the direction be given to the Caste Scrutiny Committee to decide the caste claim of the petitioner within stipulated period. On the backdrop of the above referred facts, we dispose of the petition with liberty to the petitioner to undertake alternate efficacious remedy, if available in law, against the elections. The Caste Scrutiny Committee is directed to decide the caste claim of the petitioner, if not decided earlier, on its own merit and in accordance with law and procedure applicable in this regard within a period of four months from the date of communication of this order. JUDGE JUDGE. chute 1512wp5886.11.odt 3