1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION No. 5956 of 2011 Lakhansingh Sadhusingh Chandel Vs. Vinod M. Atram and others. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.A.S.Chandurkar , Adv. for the Petitioner. Mr.N.B. Jawade, Adv. for respondent no.4. Mr. N. R.Rode, AGP for the respondent no.8. CORAM : SMT. VASANTI A. NAIK J. DATE : 2 nd December, 2011. By this petition, the petitioner challenges the rejection of his nomination paper for contesting the election to the Municipal Council. It is the case of the petitioner that the petitioner belongs to Thakur Tribe. It is not in dispute that for contesting the election, a candidate is required to furnish the caste validity certificate. In this case, admittedly, the petitioner has not submitted the caste validity certificate. The learned counsel for the petitioner, however, submits that there is a caste certificate issued in favour of the petitioner and when the caste scrutiny committee had rejected the caste claim of the petitioner of belonging to Thakur tribe, a Division Bench of this Court had by an order dated 16th of July, 1999 in W. P. No. 3914/1998 observed that it prima facie appeared that the petitioner belongs to Thakur community which is recognized as a scheduled tribe. It is canvassed on behalf of the petitioner that the Division Bench had granted stay to the effect and operation of the order passed by the scrutiny committee invalidating the caste claim of the petitioner. On 2 the basis of the order dated 16th of July, 1999, the learned counsel for the petitioner states that the petitioner was entitled to contest the municipal election. On hearing the learned counsel for the parties, it is apparent that the petitioner was not qualified to contest the election as he did not possess the caste validity certificate. The reliance placed by the learned counsel for the petitioner on the order date 16th of July, 1999 in W.P. No. 3914/1998 for seeking acceptance of his nomination paper is clearly ill-founded as though it is observed in the said order that it prima facie appeared that the petitioner belonged to Thakur community and interim relief was granted in favour of the petitioner in terms of prayer clause (g) of the petition, the petitioner would not be entitled to contest the election as merely showing the order of the scrutiny committee invalidating the caste claim of the petitioner would revive the caste certificate but it would not mean that the caste claim of the petitioner is validated. The prima facie observations made in the order dated 16th of July, 1999 will not be of any assistance to the case of the petitioner when admittedly the petitioner is not possessing the caste validity certificate. There is no error in the order rejecting the nomination paper of the petitioner and the order passed in the appeal by the learned District Judge. The writ petition fails and is dismissed with no order as to costs. JUDGE Hirekhan.