WP 9205/11 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.9205/2011 Yahaya Shaikh Mehboob Shaikh V/s The State & others. _______________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | Shri M.S. Choudhary, Advocate for petitioner. Shri S.G. Nandedkar, AGP for respondent nos.1, 3 & 4. Shri S.T. Shelke, Advocate for respondent no.2. CORAM: B.R. GAVAI & M.T. JOSHI, JJ. Date: 30.11.2011 Heard learned counsel for the respective parties. The petitioner challenges rejection of nomination paper on the ground of non submission of validity certificate. It is the contention of the petitioner that it is on account of mala fides of the respondent nos.3 & 4 that his nomination paper is rejected. In catena of cases, we have taken a considered view that in view of amendment to Section 9-A of the Maharashtra Municipal WP 9205/11 2 Councils, Nagar Panchayats and Industrial Townships Act, by which the proviso has been deleted, nomination paper cannot be accepted unless it is accompanied by the validity certificate and the caste certificate. Insofar as the allegations regarding mala fides are concerned, we cannot go into such allegations inasmuch as neither the persons against whom mala fides are alleged are made party respondents nor any specific allegations attributing mala fides against them have been made in the petition. In that view of the matter, no merit is found in the matter. The petition is rejected. In the event if the petitioner desires to file an election petition, the rejection of the present petition would not come in the way of the petitioner in raising the grounds, which are raised in the present petition. (M.T. Joshi, J.) (B.R. Gavai, J.) Dt/- 30.11.2011 ndk/c30111144