1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6341 OF 2009 1. Nirmala W/o.Mohanrao Patil, @ Nirmala D/o.Baburao Sakhare, Age-45 years, Occu-Social Worker, R/o.Dhuppa, Post : Shankar Nagar, Tq.Naigaon (Khair), Dist. Nanded 2. Mohanrao S/o.Madhavrao Patil, Age-57 years, Occu-Agriculture, R/o.Dhuppa, Post.Shankar Nagar, Tq.Naigaon (Khair) Dist.Nanded PETITIONERS VERSUS 1. The State of Maharashtra Through its Principal Secretary, Social Welfare Department, Mantralaya, Mumbai-32. 2. The Divisional Caste Scrutiny Committee, Latur Division, at Aurangabad. Through its Secretary/Members. 3. The State Election Commission Administrative Building, Opp.Mantralaya, Mumbai, Through its Secretary, 4. The Collector, Nanded, Dist. Nanded. 5. Sub Divisional Officer, Degloor, Dist. Nanded, 2 6. Tahsildar, Naigaon, Tahsil Office, Naigaon, Tq.Naigaon, Dist. Nanded. 7. Tahsildar, Biloli, Tahsil Office, Biloli, Tq.Biloli, Dist.Nanded. RESPONDENTS Mr.S.B.Gastgar, learned counsel for the petitioners. Mr.S.V.Kurundkar, learned counsel for respondent no.1, and 4 to 7. Mr.S.T.Shelke, learned counsel for respondent no.3 Mr.B.L.Sagar Killarikar, Standing Counsel for respondent no.2 (CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.) DATE : 24/09/2009 ORAL JUDGMENT : (Per P.V.Hardas, J.) 1. Rule. Rule made returnable forthwith. With the consent of learned counsel for the parties, this petition is heard finally at the stage of admission. 2. We have heard Shri.Gastgar, learned counsel for the petitioners, learned AGP on behalf of respondent no.1,4,5,6,7 and Shri.S.T.Shelke on behalf of respondent no.3 State Election Commission. 3. By this petition under Article 226 of The Constitution of India, 3 the petitioner prays for issuance of a writ of mandamus directing respondent no.2 Committee to decide the caste claim of the petitioner, which is said to be pending since 2006-07, as the same had been referred by respondent no.6 Tahsildar, Naigaon. The petitioner by virtue of prayer clause “C” to the petition prays for a writ of mandamus directing respondent no.3 to 6 not to object/reject the nomination form submitted by either of the petitioners from the reserved category on the ground of non production of validity certificate as belonging to Scheduled Caste (“Lingader”) in the ensuing assembly election in the State of Maharashtra. 4. Since the claim of the petitioners is said to be pending, we consider it appropriate to allow the petition in respect of prayer clause “B” to the petition and accordingly direct the petitioners to appear before the respondent Scrutiny Committee on 21/10/2009. We further direct the respondent Scrutiny Committee to decide the caste claim of the petitioner within 3 months of 21/20/2009. In respect of relief at prayer clause “C” to the petition, according to us no such relief can be granted if the requirement of Law is that the validity certificate ought to be submitted alongwith nomination form. The learned counsel for the petitioner was unable to point out to us if necessary amendments to this effect have been made. In the light of that therefore, according to us the petition deserves to be partly allowed. 5. Accordingly this writ petition is partly allowed and rule is thus 4 made absolute in terms of prayer clause “B” to the petition with the aforesaid directions. Petition stands dismissed in respect of prayer clause “C” to the petition. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/SEP 2009/wp6341-09