1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.7244 OF 2009 with CIVIL APPLICATION ST.NO.27002/2009. Pasha Abdul Gaffar Qureshi - PETITIONER VERSUS The State of Maharashtra and Ors. - RESPONDENTS ***** Mr.PB Rakhunde, Adv. holding for Mr.SB Bhapkar, Advocate for Petitioner; Mr.VD Rakh, AGP for Respondent Nos. 1 to 3; Mr.BL Sagar-Killarikar, Adv. for Resp.No.4. ----- CORAM : NARESH H. PATIL & K.U.CHANDIWAL, JJ. DATE : 2nd December, 2009. PER COURT : 1) Heard. 2) The petitioner earlier had obtained a caste certificate belonging to be “Kasab” (OBC) caste and got elected as Councilor of Municipal Council, Parbhani. The Caste Scrutiny Committee invalidated the caste claim of the petitioner, 2 consequent thereof, the petitioner has filed Writ Petition No.1097/2007, challenging the decision of the Caste Scrutiny Committee. 3) The Division Bench of this Court, by order dated 17th June, 2009, dismissed the said writ petition as withdrawn upon a statement made by the counsel for the petitioner that the petitioner would not press his caste claim to be belonging to “Kasab” (OBC) and the petitioner would file fresh application before the Competent Authority for issuance of a caste certificate other than “Kasab” (OBC). 4) It is informed to this Court that now bye-elections are declared. The petitioner has obtained a certificate indicating to be belonging to “Qureshi”(OBC) caste. The petitioner also sou motu approached the Respondent – Caste Scrutiny Committee for getting his certificate validated. Learned Counsel for the petitioner submits that the petitioner be permitted to contest the election by directing the authorities concerned to accept his nomination form. 5) In the light of the law holding the field, the petitioner is required to have a Caste Validity Certificate for submitting the nomination form. In absence thereof, no such 3 directions could be issued. 6) In this view of the matter, the petition is dismissed. 7) In view of dismissal of the writ petition, Civil Application St.No.27002/2009 does not survive, it is also dismissed. (K.U.CHANDIWAL) (NARESH H. PATIL) JUDGE JUDGE bdv/wp7244.09