- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2238 OF 2007 ... Sunita Vinod Aawale ...Petitioner v/s. The State of Maharashtra and ors. ...Respondents ... Mr.Hiten S. Venegaokar for the Petitioner. Mr.M.L.Patil for Respondent No.2. Ms.M.P.Thakur AGP for State. ... CORAM: D.K.DESHMUKH & J.P.DEVADHAR, JJ. DATED: 26TH AUGUST, 2008 P.C.: 1. Heard the learned counsel for both sides. Perused the record. Perused the report submitted by the scrutiny committee pursuant to the interim order passed by this court. It appears that the certificate issued by the Respondent No.4- Deputy Collector, which has been held to be valid by the order which is impugned in this petition was not issued by the Executive Magistrate competent to do it, and therefore, really speaking the scrutiny committee could not have held that the caste certificate issued by the Deputy collector Sangli (Miraj) was valid. - 2 - 2. The learned Counsel appearing for the Respondent No.2 states that the Respondent No.2 is willing to obtain a caste certificate from an authority which is competent to issue the same and submit it for scrutiny to the Caste Scrutiny Committee. He, however, submits that the Respondent No.2 has been elected as a Councillor of Ichalkaranji Municipal Council and therefore till the scrutiny committee holds inquiry into the validity of the certificate to be obtained by the Respondent No.2, holding of the office by the Respondent No.2 as a Councillor should not get adversely affected. 3. In our opinion, considering the peculiar facts and circumstances of the case and considering that the Respondent No.2 has been elected as a Councillor following order would meet the ends of justice. O R D E R (i) The validity certificate issued in favour of the Respondent No.2 by the Scrutiny Committee dated 10-10-2006 is set aside. (ii) In case the Respondent No.2 obtains a caste certificate certifying that she belongs - 3 - to (Mang) scheduled caste and submits it for scrutiny before the Scrutiny Committee within a period of four weeks from today, the scrutiny committee shall hold an inquiry into the validity of that caste certificate in accordance with law as expeditiously as possible and make final order thereon as expeditiously as possible, in any case within a period of twelve weeks from the date of submission of certificate. (iii) Till the scrutiny committee passes an order on the caste certificate of the Respondent No.2, the status of the Respondent No.2 as elected member of the Ichalkaranji Council shall not be disturbed on the ground of caste certificate. Rule made absolute accordingly with no order as to costs. (D.K.DESHMUKH, J.) (J.P.DEVADHAR, J.)