skc 1 WP-10662-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10662 OF 2011 Shobha Laxman Dhotare ..Petitioner versus State of Maharashtra & Ors. ..Respondents Mr. C. K. Bhagnoji i/b. Mr. R. K. Mendadkar for Petitioner. Mr. S. B. Shetye for Respondent No. 1. Mr. G. M. Savgave for Respondent No. 3. Mr. Sameer Patil - Assistant Government Pleader for Respondent Nos. 1, 4 and 5. CORAM : S. A. BOBDE AND SMT. V. K. TAHILRAMANI, JJ. DATE : DECEMBER 15, 2011 P.C. : The petitioner has interalia made the following prayer : “that this Hon’ble Court be pleased to hold and declare that the Amending provisions contained in Act no. 13 of 2008 being unreasonable and violative of statutory rights to contest elections from the reserved ward no. 5 of the respondent no.3 Nagarparishad pending verification by the respondent no. 5 committee.” The prayer clause does not specify which amendment of which section is being questioned. It is therefore not possible to consider this prayer. The said prayer is therefore rejected. skc 2 WP-10662-11 2. In addition the petitioner has questioned the order dated 5.12.2011 by which the District Judge has rejected the petitioner’s appeal preferred under Rule 15 of Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 and Election Rules. It is not disputed that the petitioner filed her nomination papers on 23.11.2011 without accompanying validity certificate in respect of her social status which is that of Vadar OBC. The amended Section 9A of The Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 requires a person contesting election to a seat reserved, to submit a caste certificate and validity certificate along with the nomination paper. Section 9A is inserted by the Maharashtra Municipal Corporations and Municipal Councils (Amendment) Act, 2006 (35 of 2006). According to the learned counsel for the petitioner it was beyond the control of the petitioner to produce the caste validity certificate since it was not issued by the Caste Scrutiny Committee in time. We find that the Section 9A mandatorily requires a candidate to obtain such a validity certificate and submit it along with the Caste Certificate and the nomination paper. There is no merit in the petition which is hereby rejected. (S. A. BOBDE, J.) (SMT. V. K. TAHILRAMANI, J.)