1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO 7237 OF 2009 Motiram s/o Shrirang Aghav, Age 40 yrs. Occu.Agri and Scial Work at present Member of Grampanchayat, Daunapur, Post Nagapur, Tq.Parli Vaijnath, Dist. Beed, r/o Daunapur, Post Nagapur, Tq. Parli Vaijnath, Dist. Beed. ...PETITIONER VERSUS 1. The State of Maharashtra Through Secretary, Social Welfare Department Mantralaya, Mumbai. 2. The Scheduled Caste, Vimukta Jati Nomadic Tribe, OtherBackward Class and Special Backward Class Caste Certificate Scrutiny Committee Aurangabad, Division Aurangabad. 3. The Collector, Beed, Dist. Beed. ...RESPONDENTS ... ShriS.A.Nagarsoge, Adv., h/f Mr.N.L.Jadhav, Adv., for the petitioner. Mrs.R.K.Ladda, AGP, for respondent State. Mr.B.L.Sagar Killarikar, Adv., for respondent no. 2. ... CORAM: NARESH H. PATIL & K.U. CHANDIWAL, JJ. DATE : 20th NOVEMBER, 2009. 2 PER COURT : 1. We have heard learned Counsel for the petitioner and Mr. B.L.Sagar Killarikar, for the respondent Committee. The petitioner prays for permission to contest election of Sarpanch as a person belonging to reserved caste, though petitioner was elected as a Member of Panchayat from open category. 2. Learned Counsel Shri B.L.Sagar Killarikar submits that the proposal, which was earlier forwarded to the Committee, was incomplete and, inspite of repeated efforts, the petitioner was not available to the Committee. Therefore, the Committee had forwarded the proposal back to the authorities concerned, with certain remarks. Thereafter, the proposal is not received by the Committee. 3. The petitioner is elected as a Member in the year 2007. It is obligatory on the part of the authorities, including the Collector, to forward complete proposal to the Caste Certificates Scrutiny Committee for getting the caste claim verified of the persons who were elected from reserved constituency or persons who are desirous of getting their caste claim verified. 3 4. The petitioner is now interested to contest the seat of Sarpanch, as a reserved caste candidate. In view of the provisions of the law, the petitioner must possess a validity certificate for filing nomination. In the light of the same, the petitioner, if so desires, may approach the Collector for getting his proposal forwarded to the Committee. In case the petitioner approaches the Collector, within two weeks from today, we direct the Collector to forward the proposal to the Committee at the earliest. Petition disposed of. [K.U. CHANDIWAL, J.] [NARESH H.PATIL, J.] ... agp/wp7237-09