-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.4446 OF 2007 NO.4446 OF 2007 NO.4446 OF 2007 Smeeta Ramesh Gunjekar ...Petitioner v/s State of Maharashtra and ors. ...Respondents Mr Y.S. Jahagirdar i/b Mr R.K. Mendadkar for Petitioner. Mr C.R. Sonawane, AGP for Respondent Nos.1, 2 and 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. Leave to amend. Petitioner to add Election Commission as party respondent to the petition. The name of respondent No.5 is deleted. 2. By this petition, the petitioner challenges the order of the Caste Certificate Scrutiny Committee, Pune holding the claim of the petitioner that she belongs to Hindu Mahar is invalid. The short ground on which the petition is based is that the same Scrutiny Committee had issued a Certificate holding that the petitioner belongs to Mahar caste. That Certificate is dated 17th November 2006. According to the averments in the petition, that Certificate was pointed out to the Scrutiny Committee but the Scrutiny Committee has not considered that Certificate. In our opinion, if there is a Validity Certificate already issued in favour of the petitioner, then it was a relevant circumstance to be considered by the Scrutiny Committee. The order passed by the Scrutiny Committee challenged in the petition also appears to have been signed by two members of the Scrutiny Committee though the matter was heard by three members. In this view of the matter therefore, following order would meet the ends of justice. -3- 3. The order of the Scrutiny Committee dated 5th August 2007 at Exh.’A-1’ is set aside. The matter is remitted back to the Scrutiny Committee for de novo consideration and decision in accordance with law. The Scrutiny Committee shall take into consideration the Validity Certificate dated 17th November 2006 on which the petitioner is relying. Before deciding the matter, the Scrutiny Committee shall serve notice to Smt Hirabai Laxman Gaikwad who had appeared before the Scrutiny Committee when the impugned order was made. Rule is made absolute accordingly with no order as to costs. . 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.)