1 WP No.1892/10 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1892 OF 2010 Shirish Chintaman Chogale ... Petitioner versus State of Maharashtra & ors. ... Respondents ... Mr. R.K.Mendadkar for the petitioner. Mr. C.R.Sonawane AGP for respondent nos.1 to 3. Mr.G.S.Godbole i/b Siddharth Ronghe for respondent no.4. CORAM : D.K. DESHMUKH AND N.D.DESHPANDE, JJ DATED : 7th September 2010 P.C. 1. Rule returnable forthwith. Heard finally by consent. 2. By consent of the parties, petition is disposed of in the following terms. 3. The order of the scrutiny committee challenged in the petition is set aside. The matter is remitted back to the Divisional Caste Scrutiny Committee No.3 Chembur Mumbai. The Scrutiny Committee no.2 Ratnagiri will send the case records to Divisional Caste Scrutiny 2 WP No.1892/10 Committee No.3 Chembur Mumbai, immediately. The Divisional Caste Scrutiny Committee No.3 Chembur shall call for a fresh report from the Vigilance Cell. The Scrutiny Committee shall direct the Vigilance Cell to make enquiry about the entries, about the caste of the petitioner’s father. We have been informed that the petitioner’s father took primary education at Village Ril, District Ratnagiri. The Divisional Caste Scrutiny Committee No.3 Chembur shall endure to pass the order as expeditiously as possible in any case within a period of six months from today. 4. During the pendency of proceedings before the Scrutiny Committee authority shall not make any order of removal of respondent no.4 from the office of Councilor of Mumbai Municipal Corporation on the ground that he does not hold a validity certificate. 5. The learned counsel appearing for respondent no. 4 after taking instructions from the respondent no.4 who is present in Court has stated before us that during the pendency of the proceedings before the scrutiny committee though the respondent no.4 will continue to hold office of councilor of Mumbai Municipal Corporation, he will not attend the meetings of the Mumbai Municipal Corporation and will also not claim any allowances from the Corporation. Statement is accepted. Petition is disposed of. (D.K.DESHMUKH, J) (N.D.DESHPANDE,J)