1 caw1174-11.doc ttm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1174 OF 2011 IN WRIT PETITION NO.3916 OF 2011 Sanjay Maruti Mali (Anainapure) .. Applicant Vs. State of Maharashtra and Ors. .. Respondents Mr.R.K.Mendadkar for the applicant Mr.V.S.Gokhale, A.G.P. for the respondent nos.1 to 3 CORAM: D.D.SINHA & K.K.TATED, JJ. DATE: 15TH JUNE, 2011 P.C. 1. Heard the learned counsel for the applicant. 2. This Civil Application is moved by the applicant seeking permission to amend the petition as well as for stay of the execution and implementation of the order of disqualification dt. 3.6.10 passed by respondent no.3 Collector. 3. The counsel for the petitioner states that since the petitioner is 2 caw1174-11.doc not claiming any relief against respondent nos.4 to 8, the learned counsel sought permission to delete them from the cause title of the Civil Application as well as petition. Permission granted at the risk of the petitioner. 4. So far as prayer for permitting the petitioner to amend the petition is concerned, in the interest of justice, we grant this prayer and the petitioner is directed to amend the petition accordingly within a period of one week. Needless to state that respondents are entitled to file reply/additional reply to the amended pleading of the petition. 5. So far as grant of stay to the order dt.3.6.11 passed by the Collector is concerned, it is not in dispute that the petitioner contested the election of member of Gram Panchayat from backward class of category and also won the election. 6. It is not in dispute that the caste claim of the petitioner was referred to the caste verification committee who has invalidated the caste certificate of the petitioner. 7. The petitioner has challenged the order of invalidation of caste certificate passed by the committee by filing the Writ Petition 3 caw1174-11.doc no.3916 of 2011 wherein the notices are issued by this court and there is no interim order passed by this court in the said Writ Petition. 8. In the backdrop of these facts, it is evident that the order dt. 3.6.11 passed by the Collector disqualifying the petitioner in absence of any stay to the effect and operation of the order passed by the caste scrutiny committee, appears to be just and proper at this stage. 9. At this stage, no case is made out for grant of interim relief of stay as prayed for by the applicant in this Civil Application. However, if this court after hearing both the sides stays the effect and operation of the order passed by caste scrutiny committee which is impugned in the Writ Petition no.3916 of 2011, at that time, it will be open for the petitioner to canvass his grievance against the order dt.3.6.10 passed by the Collector. 10. With these observations, Civil Application is disposed of accordingly. (D.D. SINHA, J.) (K.K. TATED, J.)