D. G. Karnik, J

1. Rule. By consent rule is made returnable forthwith. Heard counsel for the parties.

2. By this petition the petitioner seeks a writ of certiorari or any other appropriate writ for setting aside the notification dated 12th September 2007 issued by the respondent no.1 - State Election Commission for holding of the by-election to Ward Nod. 13 of the Mumbai Municipal Corporation (for short, "the Corporation").

3. The general election to the respondent no.2 Mumbai Municipal Corporation were held on 1st February 2007 and the respondent no.4 was declared elected to a seat reserved for the "Other Backward Classes" (for short, "OBC"). The elections results were declared on 2nd February 2007. The caste certificate produced by the respondent no.4 declaring her caste to be Vaishyvani, on enquiry was invalidated by the Caste Scrutiny Committee by its order dated 2nd June 2007. Consequently, the election of the respondent no.4 to the post of Councilor was deemed to be invalidated under second proviso to section 5(b) of the Mumbai Municipal Corporation Act, 1888 (for short, "the Act".) . Though the resp