1 WP 4528.2011 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4528 OF 2011 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr.A.D.Shinde, Advocate for the petitioner. Mr. R.P.Phatke, Asstt.Govt. Pleader for Resp. Nos. 1 and 4. Mr. P.N.Kutti, Advocate for Respondent no. 2. Mr. S.P.Tiwari, Advocate for Respondent no. 3. ................................. CORAM : S.V. GANGAPURWALA, J. DATE : 08/07/2011 PER COURT : 1. The present Writ Petition assails the order accepting the nomination paper of the present respondent no. 3 in the election of the managing committee of Wadnagari Vividh Karyakari Seva Sahkari Society Ltd., Wadnagari, Tq. and Dist. Jalgaon. 2. Mr. A.D.Shinde, the learned counsel for the petitioner states that the caste certificate produced by the respondent no. 3 along with nomination paper is false and fabricated. The same has not been issued by the competent authority. This fact 2 WP 4528.2011 can be vouched from the letter dated 21/6/2011 issued by the Tahsildar, Jalgaon stating that no caste certificate is issued on 4/4/1989 bearing No. MAG/1966/E-R/118. Relying on the same, Mr. Shinde, the learned counsel submits that the respondent no. 3 is disqualified from contesting the election. 3. Mr. R.P.Phatke, the learned Assistant Govt. Pleader submits that he has called for the record and from the record received from the Tahsil office, Jalgaon, no entry appears of having issued the caste certificate to the respondent no. 3 on 4/4/1989 at the said serial number. 4. Mr. Patil, Advocate holding for Mr. S.P.Tiwari, the learned counsel for respondent no. 3 submits that the certificate has been issued by the Tahsil office in its regular course of business and the said certificate is genuine one. More over, he contends that all the stages in the elections are completed and only voting has to take place. 5. Before passing any order in respect of the nomination paper of the respondent no. 3, this Court will have to first give finding about the genuineness of the said document i.e. caste certificate of the respondent no. 3. The same can 3 WP 4528.2011 not be done in its limited supervisory jurisdiction under Article 227 of the Constitution of India as the same would be embarking upon the investigation. 6. More over, all the stages in the election are over. None the less, taking into account the fact that the Tahsildar has issued a letter that no such caste certificate has been issued as claimed by the respondent no. 3 and as the learned Assistant Govt. Pleader on perusing the record, submits that no such entry appears in the record regarding issuance of the caste certificate on 4/4/1989 at the said serial number as stated in the caste certificate produced by the respondent no. 3, it would be in fitness of things to send the said caste certificate for verification with the appropriate committee. The caste certificate produced along with nomination paper by the respondent no. 3, on the elections being over, be sent to the Caste Scrutiny Committee, Nandurbar for verification, who shall, after giving opportunity to all the parties, decide about the validity of the same as expeditiously as possible preferably within the period of six ( 6 ) months from the date of receipt of the same. The present petitioner is also at liberty to file Election Petition in respect of the subject matter involved in the present Writ Petition. 4 WP 4528.2011 7. The Writ Petition as such is disposed of, however with no order as to costs. [ S.V. GANGAPURWALA,J. ] KNP/WP 4528.2011