IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8782 of 2007. WRIT PETITION NO.8782 of 2007. WRIT PETITION NO.8782 of 2007. Suresh Ganpati Dhonukshe & Another ..Petitioners versus State of Maharashtra & Others ..Respondents Mr.R.P.Walvekar for the Petitioner Mr.C.R.Sonawane AGP for respondent No.1 Mr.S.B.Shetye for respodent No.2 CORAM : D.K.DESHMUKH & CORAM : D.K.DESHMUKH & CORAM : D.K.DESHMUKH & R.Y.GANOO, JJ. R.Y.GANOO, JJ. R.Y.GANOO, JJ. DATED : 12th June, 2008. DATED : 12th June, 2008. DATED : 12th June, 2008. P.C. 1. Name of the respondent No.3 is allowed to be deleted. 2. Rule returnable forthwith. Heard finally by consent of the parties. 3. The petitioners were elected as Councillor of Kolhapur Municipal Corporation from Wards which were reserved for Other Backward Class. The petitioners claim that they belong to the Other Backward Class. So far as the certificate submitted by the Petitioner issued by the Executive -2- Magistrate certifying that they belong to Other Backward Class were concerned, those were sent to the Caste Certificate Scrutiny Committee for verification. The Caste Scrutiny Committee held that the claim of the petitioners that they belong to Other Backward Class is not valid. Both the petitioners filed Writ Petition in this Court. The Writ Petition filed by the Petitioner No.2 was Writ Petition No.5880 of 2007. That petition has also been disposed of by this Court by Order dated 14.2.2008. The Division Bench of this Court held that as the Order of the Scrutiny Certificate is not signed by the Chairman, the Order cannot be said to be valid. Therefore the matter was remitted back to the Scrutiny Committee for fresh consideration. So far as the petitioner No.1 is concerned, he filed petition No.5872 of 2007 challenging the Order of the Scrutiny Committee. That petition is admitted by the Order dated 28.1.2008 and interim Order in terms of prayer clause (c) has been granted. Consequently the Order of the Scrutiny Committee has been stayed. It is clear that because of the order passed in the above referred two writ petitions the issue whether the petitioners belong to Other Backward Class or -3- not is pending consideration. By this petition the petitioner seeks direction to the respondent No.2 Election Commission, not to hold bye Election to Ward Nos.39 and 50 from where the petitioners have been elected. In our opinion as there is no final decision of the Caste Claim of the petitioners there is no vacancy caused and therefore there is no question of the respondent No.2 holding any bye elections. In our opinion, therefore the following order would meet the ends of justice. ORDER The respondent No.2 Election Commissioner is directed not to hold any bye Election from the Ward Nos.39 and 50 of Kolhapur Municipal Corporation till the Caste claim of the petitioners is finally decided either by the Scrutiny Committee in case of petitioner No.2 and by this Court in case of petitioner No.1. . Rule made absolute accordingly. . No order as to costs. (D.K.Deshmukh, J.) (D.K.Deshmukh, J.) (D.K.Deshmukh, J.) -4- (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)