PVR 1 wp4653/10 IN THE HIGH COURT JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4653 OF 2010 Somnath Mahadu Gaikwad. ...Petitioner vs. 1.State of Maharashtra & Ors. ...Respondents --- Mr.R.K.Mendadkar, for Petitioner. Mr.C.R.Sonawane, AGP for Respondents. --- CORAM: D.K.DESHMUKH & N.D.DESHPANDE,JJ. DATED: 31th August, 2010 P.C.: 1. Rule, returnable forthwith. Heard finally by consent of parties. The petitioner by this petition challenges order dated 8.4.2010 passed by the Scrutiny Committee holding that the claim of the petitioner that he belongs to Thakar PVR 2 wp4653/10 Scheduled Tribe is not valid. 2. We have heard the learned Counsel appearing for both the sides. The learned Counsel appearing for petitioner pointed out that the caste certificate of the petitioner was sent for scrutiny because the petitioner wanted to contest the election to the post of member of Village Panchayat. He received notice of hearing before the Scrutiny committee. He had decided not to contest that election, therefore, he submitted an application before the Scrutiny committee stating that as he has decided not to contest the election, the committee need not verify his claim regarding Thakar Scheduled Tribe. The Committee, however, has rejected his request and proceeded to examine his claim and has rejected his claim. In our view, the scrutiny of the caste certificate is to be taken up at the request of the candidate and if the candidate requested that scrutiny need not be made then the Committee cannot insist to verify the caste PVR 3 wp4653/10 certificate. In our view, the order of the Scrutiny Committee will have to be set aside. It is accordingly set aside. Rule is made absolutely accordingly. No order as to costs. (D.K.DESHMUKH,J.) (N.D.DESHPANDE,J.) ...