1 W.P.No.9920/11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.9920 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Mrs.A.N.Ansari, advocate for the petitioner. Mr.S.D.Kaldate, Asstt.Govt. Pleader for the State. CORAM : S.V.GANGAPURWALA,J. Date : 23.12.2011. PER COURT : 1. Heard. 2. The learned counsel contends that the caste claim of the petitioner is pending consideration with the Scrutiny Committee. It is not the fault of the petitioner that the same has not yet been decided. The seat of the President is reserved for OBC category. The caste certificate to that effect is on record. Even the old documents such as Khasara Patrak is also filed on record, which shows that the petitioner belongs to the OBC category. As such the nomination paper of the petitioner should be accepted. 3. With the assistance of the learned counsel, I have gone through the documents filed on record. Section 9A of the Maharashtra (Municipal Councils), Nagar Panchayats and 2 W.P.No.9920/11 Industrial Township Act, 1965, makes it mandatory for submission of the validity certificate. The said provision has been held to be constitutional and mandatory by the Division Bench of this Court in a case of "Bipinchandra Shahurao Thombre and others Vs. State of Maharashtra and others". reported 2010 (2) Bom.C.R. 656. In view of that the contention of the petitioner can not be accepted. 4. In view of the above, the Writ Petition is dismissed. However, there shall be no order as to costs. (S.V.GANGAPURWALA,J.) Dt.23.12.2011. asp/office/wp9920.11 3 W.P.No.9920/11