-1- IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.7142 OF 2007 NO.7142 OF 2007 NO.7142 OF 2007 Nanasaheb B. Garud ...Petitioner v/s Alandi Nagar Parishad and ors. ...Respondents Mr R.S. Apte i/b Mr N.R. Bubna for Petitioner. Mr S.V. Sadavarte for Respondent No.1. Mr C.R. Sonawane, AGP for Respondent Nos.2 to 4. Mr S.B. Shetye for Election Commission. CORAM : D.K. DESHMUKH AND R.Y. GANOO JJ. DATE : 23RD JUNE 2008. -2- P.C. :- 1. Rule, returnable forthwith. Heard finally by consent of parties. Leave to amend. Petitioner to add Election Commission as party respondent to the petition. 2. The petitioner by this petition challenges the order dated 17th September 2007 passed by the Additional Collector, Pune holding that the petitioner has ceased to be Councillor of Alandi Municipal Council because he has not been able to produce Validity Certificate within the time allowed by section 9(a) of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act 1965. A Division Bench of this Court by its judgment in writ petition No.5691 of 2007 (Dadasaheb Arjun Gulve v/s The State of Maharashtra and ors.) and other connected petitions decided on 20th December 2007 held that though the provision is directive, the petitioner has been given a Validity Certificate by the Caste Scrutiny Committee. A copy of that Validity Certificate is produced on record. In view of the judgment of Division Bench referred to above and in view of the fact that the caste claim of the petitioner is found to be valid, the order dated 17th September 2007 will have to be set aside. Accordingly, the order dated -3- 17th September 2007 is set aside. Rule is made absolute with no order as to costs. 3. In view of the order passed today in writ petition, civil application No.11 of 2008 does not survive for consideration. It is disposed off. . Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of the Court. . Certified copy expedited. ( D.K. DESHMUKH J.) ( R.Y. GANOO J.)