D. D. SINHA, J. :- Rule. Rule made returnable forthwith with the consent of Mr. R. D. Wakode, learned counsel for the petitioner; Mr. A. S. Fulzele, learned Assistant Government Pleader for respondent Nos. 1 to 4 and Mrs. S. W. Deshpande, learned counsel for respondent No.5.

2. Grievance of the petitioner in the present writ petition is in respect of declaration of election of the petitioner invalid for want of submission of caste validity certificate. Learned counsel for the petitioner has submitted that the petitioner is elected as a Councilor of Municipal Council on 8th October, 2007 and, as per the then proviso to section 9A of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, (~'the Act of 1965" in short) the petitioner was entitled to submit caste validity certificate within a period of three months from the date of election, provided that he has applied for verification of her caste claim prior to filing of the nomination.

3. It is contended that the petitioner has contested the election of Councilor for the seat reserved for Scheduled Tribes; he had submitted caste certificate for verification to the Caste Scrutiny Committee pri