1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2736 OF 2010 Mohd. Javed Mohd. Isaque .. Petitioner Versus 1. Aurangabad Municipal Corporation, Through its Commissioner. and others .. Respondents Shri J. R. Shaikh, Advocate for the Petitioner. Shri R. S. Deshmukh, Advocate for the Respondent No. 1. Shri S. T. Shelke, Advocate for the Respondents No. 2 and 3. Shri D. R. Kale, A.G.P. for the Respondent No. 4. CORAM : NARESH H. PATIL, AND N. D. DESHPANDE, JJ. DATE : 30TH MARCH, 2010. ORAL ORDER [Per NARESH H. PATIL, J. ] : . Heard. 2. The petitioner filed his nomination form for contesting election as councillor to the seat of corporator of Aurangabad 2 Municipal Corporation. The said nomination paper was rejected by the Returning Officer on 23rd March, 2010, on the ground that the petitioner did not file caste certificate along with the nomination paper. 3. Learned counsel for the petitioner submitted that the petitioner had complied with the provisions of law and produced the required certificate and, therefore, his nomination ought to have been accepted by the Returning Officer. 4. Learned counsel Shri Shelke for the State Election Commission, refers to the provisions of Section 5-B of the Bombay Provincial Municipal Corporations Act 1949, which reads as under : "[5B. Every person desirous of contesting election to a seat reserved for the Scheduled Castes, Scheduled Tribes, or, as the case may be, Backward Class of Citizens, shall be required to submit, along with the nomination paper, Caste Certificate issued by the Competent Authority and the Validity Certificate issued by the Scrutiny Committee in accordance with the provisions of the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate 3 Act, 2000]." "Provided that a person who has applied to the Scrutiny Committee for the verification of his Caste Certificate before the date of filing the nomination paper but who has not received the validity certificate on the date of filing of the nomination paper shall submit, along with the nomination paper, - (i) a true copy of the application preferred by him to the Scrutiny Committee for issuance of the validity certificate of any other proof for having made such application to the scrutiny Committee; and (ii) an undertaking that he shall submit, which a period of three months from the date of his selection, the validity certificate issued by the Scrutiny Committee; provided further that, if the persons fails to produce the validity certificate within a period of three months from the date of his selection, his selection shall be deemed to have been terminated retrospectively and he shall be disqualified for being a Councillor." 5. In the light of non compliance noticed by the Returning Officer, nomination form of the petitioner is rejected. 6. Perused the election programme. It is noticed that the election process is already set in motion. Today is the date for allottment of symboles. In this view of the matter, no 4 interference is called for in exercise of extraordinary jurisdiction under Article 226 of the Constitution of India. The writ petition is dismissed. [ N. D. DESHPANDE, J.] [NARESH H. PATIL, J.] bsb/Mar.10