-1- mgj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No. 5581 of 2007 with Writ Petition No. 39 of 2008 Gokul Dattatraya Shinde ..Petitioner vs. The State of Maharashtra & ors. ..Respondents Shri V.B.Naik with Shri I.M.Khairdi for petitioner Shri C.R.Sonawane, A.G.P. for respondent no.1 State Shri S.G.Kudle for applicant/intervenor in C.A.no.74 of 2008. CORAM: J.N.PATEL & CORAM: J.N.PATEL & CORAM: J.N.PATEL & S.J.KATHAWALLA S.J.KATHAWALLA S.J.KATHAWALLA JJ. JJ. JJ. 16th October, 2008 16th October, 2008 16th October, 2008 P.C. P.C. P.C. 1. Heard the learned Advocates for the parties. 2. In view of the fact that the orders passed by respondent no.2 are signed only by two members of respondent no.2 Committee, the orders impugned in these petitions are vitiated and as such set aside in view of decision of this Court in the case ofVijay Kisan Karanjikar Vs. State of Maharashtra reported in 2004(1) Bom. C.R. 168 which has been followed consistently by this Court. In view of the said decision we quash and set aside the order -2- impugned in this petition and direct respondent no.2 to hear the matter de novo. Parties to appear before respondent no.2 on 3rd November,2008 at 11.00 a.m. Respondent no.2 shall take a decision in the matter within a period of 8 weeks from the date of first appearance. 3. All contentions of both parties are kept open. 4. Petitions stand disposed of accordingly with no order as to costs. 5. In view of disposal of the petitions civil application no.74 of 2008 in writ petition no.39 of 2008 does not survive and hence rejected. 6. Till Caste Scrutiny Committee decides the matter by-election to the post which has fallen vacant is stayed. (S.J.KATHAWALLA J.) (J.N.PATEL J.) (S.J.KATHAWALLA J.) (J.N.PATEL J.) (S.J.KATHAWALLA J.) (J.N.PATEL J.)