=1= IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.1211 OF 2007 NO.1211 OF 2007 NO.1211 OF 2007 Lalji Ramkishore Yadav ...Petitioner v/s The State of Maharashtra and others ...Respondents WITH WITH WITH WRIT WRIT WRIT PETITION (L) NO.1886 OF 2007 PETITION (L) NO.1886 OF 2007 PETITION (L) NO.1886 OF 2007 Lalji Ramkishore Yadav ...Petitioner v/s Shaikh Mohammad Rafique and others ...Respondents Mr A.A. Kumbhakoni i/b Mr L.M. Acharya for Petitioner. Mr V.A. Thorat, Sr. Counsel i/b Mr K.J. Hakani for Respondent No.4 in W.P. No.1211 of 2007 and Respondent No.1 in W.P.(L) No.1886 of 2007. Mr P.G. Lad, AGP for Respondents. WITH WITH WITH CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.1244 OF 2008 PETITION NO.1244 OF 2008 PETITION NO.1244 OF 2008 =2= Shri Shaikh Mohammed Rafique ...Petitioner v/s The Divisional Caste Certificate Scrutiny Committee and others ...Respondents Mr V.A. Thorat, Sr. Counsel i/b Mr K.J. Hakani for Petitioner. Mr P.G. Lad, AGP for State. CORAM CORAM CORAM : D.K. DESHMUKH AND R.S. MOHITE JJ. : D.K. DESHMUKH AND R.S. MOHITE JJ. : D.K. DESHMUKH AND R.S. MOHITE JJ. DATE DATE DATE : 15TH APRIL 2009 15TH APRIL 2009 15TH APRIL 2009 P.C. :- 1. We have heard the learned counsel for both the sides in writ petition No.1211 of 2007. We find considerable force in the submission of the learned counsel appearing for petitioner that the Caste Certificate Scrutiny Committee has not taken into consideration all the documents on which the petitioner was relying in support of his claim that he is domiciled in the State of Maharashtra. In our opinion, as the petitioner has also agreed to give up his challenge to the declaration made by the Bombay Small Causes Court in =3= an election petition that the respondent No.4 is elected as Councillor of the Bombay Municipal Corporation from ward No.85, also considering that the order of the Committee may adversely affect not only the petitioner but his children, it will be appropriate to set aside the order of the Caste Certificate Scrutiny Committee to the extent it is challenged in the petition and remit the matter back for de novo consideration. 2. On remand, the petitioner shall be entitled to produce before the Caste Certificate Scrutiny Committee any material that he may chose to rely on in support of his claim that he is domiciled in Maharashtra. The Scrutiny Committee shall take into consideration any evidence that may be produced by the petitioner. The Scrutiny Committee may also call for the report of the Vigilance Squad as directed by the Supreme Court in Kumari Madhuri Patil’s case, reported in (1994) 6 SCC 241. The Scrutiny Committee shall after hearing parties make order in accordance with law as expeditiously as possible and in any case within a period of six months from today. Writ petition No.1211 of 2007 stands disposed off in the aforesaid terms. 3. Writ petition (L) No.1886 of 2007 is permitted to be withdrawn. However, while considering the matter on remand pursuant to the order passed in writ petition =4= No.1211 of 2007, the Scrutiny Committee shall not take into consideration the observations made by the Bombay Small Causes Court in its order which was challenged in writ petition (L) No.1886 of 2007. Writ petition (L) No.1886 of 2007 stands disposed off. 4. Writ petition No.1244 of 2008 filed on the Appellate Side is also permitted to be withdrawn and stands disposed off. 5. It is clarified that the petitioner has given up his claim so far as the Office of the Councillor from ward No.85 of Bombay Municipal Corporation is concerned and the petitioner will not make any claim in that relation even if he succeeds before the Scrutiny Committee. . Parties to act on the copy of this order duly authenticated by the Associate / Private Secretary of the Court. . Certified copy is expedited. ( D.K. DESHMUKH J.) ( R.S. MOHITE J.)