1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.490 OF 2010 Shaikh Ahamad Shaikh Nashib ..Petitioner -VERSUS- Sow.Shakuntala Shahu Kamble and others. ..Respondents ......... Mr.S.T. Veer, advocate for the petitioner. ........ (CORAM : V.R.KINGAONKAR,J.) DATE : 30th June, 2010. PER COURT : 1. Heard learned counsel. 2. The petitioner challenges the order dated 30th October, 2009 rendered by the learned Additional Collector, Parbhani, whereby his application seeking disqualification of respondent no.1 under Section 10(1)(A) of the Bombay Village Panchayat Act, 1958 came to be rejected. 3. The respondent no.1 is elected as a member of village panchayat from O.B.C. category. The contention of the petitioner is that the caste validity certificate is not furnished by the respondent no.1 within the stipulated period, and therefore, she is ineligible to continue as elected member of village panchayat. The learned Additional Collector held that the caste certificate was pending for verification by the Scrutiny Committee. The learned 2 Collector noticed that in the list of 356 members, the name of the respondent no.1 appears at Sr.No.346 and the validation process was being conducted by the Scrutiny Committee. The learned Additional Collector held that the respondent no.1 was not at fault when the proceedings before the Scrutiny Committee are not being delayed at her instant. The counsel for the petitioner would submit that the scrutiny committee has issued a notice to the respondent no.1 but she has failed to adduce necessary evidence, and therefore, she is at fault. The record, however, does not prima facie show that the respondent no.1 committed deliberate latches and default. The observations of the learned Additional Collector can not be said to be perverse. Hence, no interference is called for. However, the petitioner may collect necessary material to demonstrate that the respondent no.1 is protracting the enquiry regarding the verification and validation of the caste certificate by the Scrutiny Committee and if, such material is gathered by him, he is at liberty to again move the learned Collector with same kind of prayer, which may be considered by the Collector. Petition is dismissed. No costs. In the meanwhile, Scrutiny Committee shall expedite the enquiry. (V.R.KINGAONKAR) JUDGE gas/wp490.10