- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1606 OF 2004 ... Shri Ishtiak Ahmed Abdul Aziz ...Petitioner v/s. Anis Ahmed Usman Gani & ors. ...Respondents. ... Mr.P.B.Shah for the Petitioner. Mr.R.K.Mendadkar for Respondent No.1. Mr.C.R.Sonawane, AGP for State. ... CORAM: D.K.DESHMUKH & V.M.KANADE, JJ. DATED: 26TH MARCH, 2008 P.C.: 1. By this petition the Petitioner challenges the order passed by the Caste Scrutiny Committee holding - 2 - that the caste certificate issued in favour of the Respondent No.1 that he belongs to ’Momeen’ (OBC) caste is valid. The Petitioner was the candidate who contested the election of Municipal Council against the Respondent No.1. The scrutiny committee has passed an order on the basis of the report submitted by the vigilance cell. When the certificate issued in favour of the Respondent was referred to the scrutiny committee for verification, they referred it for inquiry as required by the judgment of the Supreme Court in the case of Kumari Madhuri Patil & Anr. v/s. Addl.Commissioner, Tribal Development and Ors. (1994) 6 SCC 241. The vigilance cell, to whom the matter was referred for enquiry, after holding inquiry submitted a report in favour of the candidate that his claim that he belongs to Momeen (OBC) caste is valid. Accepting that report the committee made the order that the certificate issued in favour of the Respondent No.1 is valid. 2. In our opinion, this order made by the scrutiny committee is completely in consonance with the judgment of the Supreme Court in the case of Kumari Madhuri Patil (supra), where the Supreme Court has categorically held that if the report submitted by - 3 - the vigilance cell is in favour of the candidate, then nothing more is required to be done and the Scrutiny Committee has to hold that the claim is valid. We, therefore, see no reason to set aside the order impugned in the petition. Petition, therefore, fails and is dismissed. Rule discharged with no order as to costs. (D.K.DESHMUKH, J.) (V.M.KANADE, J.)