FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 1782 OF 2011 “Moin Babamiya Qureshi Vs. The State of Maharashtra and others.” Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 1 Mr. Abdul Aziz Hazi Fatelal, Advocate for the petitioner Mr. N.B. Khandare, Govt. Pleader for rsepondents. CORAM :- D.B. BHOSALE & A.V. NIRGUDE, JJ. DATE :- 10th March, 2011. PER COURT :- 1] Heard learned counsel for petitioner and learned Govt. Pleader for the respondents. 2] The principal prayer made in the writ petition reads thus :- “By issuing an appropriate writ, order or direction in the like nature, the respondent No.3 Committee be directed to decide the application dated 9/9/2010 of petitioner and issue him caste validity certificate of “Kasai” Other Backward Class, within stipulated time frame”. 3] The petitioner has stated in the writ petition that he desires to contest the election of Gram Panchayat, Mantha. Learned counsel for petitioner submits that the petitioner FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 1782 OF 2011 “Moin Babamiya Qureshi Vs. The State of Maharashtra and others.” Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 2 apprehends that the Returning Officer would not accept his nomination form since he does not possess caste validity certificate. He further submits that the petitioner has already made an application seeking validation of his caste certificate to the Scrutiny Committee. However, the Scrutiny Committee has not considered and decided his caste claim till this date. Hence, this petition. 2] Having considered the prayer made in the writ petition and the submissions advanced by learned counsel for the petitioner, we are satisfied that this petition can be conveniently disposed of, by the following order. O R D E R . It is open to the petitioner to file nomination form for the Gram Panchayat election, declared vide notification dated 14th February, 2011. If the petitioner files nomination, the returning Officer, shall consider the same, in the light of the Amended Section 10-1A, (vide Maharashtra Act No. XXIII of 2010, w.e.f. 9th June, 2010) of the Bombay Village Panchayat, Act, 1958 and pass appropriate orders. . The respondent Scrutiny Committee shall endeavour FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 1782 OF 2011 “Moin Babamiya Qureshi Vs. The State of Maharashtra and others.” Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 3 to decide the application of the petitioner seeking validation of his caste claim, as expeditiously as possible, and within the time stipulated by the amended Section 10-1A ( vide Maharashtra Act No. XXIII of 2010, w.e.f. 9th June, 2010) of the Bombay Village Panchayat Act, 1958. 3] With these observations, writ petition is disposed of. [A.V. NIRGUDE, J.] [D.B. BHOSALE, J.] grt/-