1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 244 OF 2008 WRIT PETITION NO. 244 OF 2008 WRIT PETITION NO. 244 OF 2008 WITH WITH WITH CIVIL APPLICATION NO. 502 OF 2008 CIVIL APPLICATION NO. 502 OF 2008 CIVIL APPLICATION NO. 502 OF 2008 Anita Jaywant Patil. .. Petitioner. vs. State of Maharashtra & Ors. .. Respondents. Mr. P.K. Dhakephalkar, Sr. Adv., with S.V. Dhakephalkar, for Petitioner. Mr. V.P. Malvankar, AGP., for Respondent nos.1 to 3. Mr. S.B. Shetye for Respondent No. 6. Mr. S.M. Oak for respondent no. 4. Mr. C.K. Bhangoji i/by R. K. Mendadar for Applicant in C.A. No. 502 of 2008. CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & SMT. NISHITA MHATRE, J. SMT. NISHITA MHATRE, J. SMT. NISHITA MHATRE, J. DATE: 13H FEBRUARY, 2008. DATE: 13H FEBRUARY, 2008. DATE: 13H FEBRUARY, 2008. P.C. . The petitioner has approached this Court as the petitioner came to be disqualified as a Corporator by the impugned order dated 27.11.2007 passed by respondent no. 4. 2 2. It was the case of the petitioner that she has been elected to the post of Corporator of Municipal Corporation of Mira Bhayander from Ward No. 79 which was reserved for the candidate from OBC category. The petitioner claims that she belongs to caste "LONIA’ which is recognised as ’Other Backward Classes. 3. The petitioner came to be disqualified on the ground that she has failed to furnish validity certificate in respect of her caste certificate claiming that she belongs to "LONIA’ OBC within the stipulated period. The learned counsel for the petitioner has placed on record the certificate issued by the Caste Certificate Scrutiny Committee, Mumbai Division, Mumbai on 6.2.2008 wherein the petitioner has been found as belonging to caste "LONIA" which is recognised as OBC and caste certificate issued to her has been certified to be valid. 4. It is the case of petitioner that scrutiny of caste certificate of the petitioner by the Committee was not within the control of the petitioner and if the Scrutiny Committee fails to take a decision in the matter, petitioner should not be made to suffer. 5. In view of this, the impugned order disqualifying the petitioner is quashed and set aside as a consequence of which it is declared that the 3 petitioner continues to hold the post of Corporator of Mira Bhayander Corporation, Ward No. 79. Petition stands disposed of accordingly. 6. In view of the fact that we have disposed of the petition, the Civil Application for intervention stands rejected. (J.N. Patel, J.) (J.N. Patel, J.) (J.N. Patel, J.) (Smt. Nishita Mhatre, J.) (Smt. Nishita Mhatre, J.) (Smt. Nishita Mhatre, J.)