A.P. Bhangale, J.

Both these matters are between same parties and on same subject. In fact, Writ Petition No. 1674 of 2012 arises allegedly because of cognizance taken of Writ Petition No. 6131 of 2011. Petitioner Mohd. Shariqueur-Rehman in Writ Petition No. 6131 of 2011 attempts to demonstrate that Respondent No. 7 – Syed Mujahid Iqbal, petitioner in later petition, has procured a forged caste certificate and got it validated hastily without police vigilance inquiry. He, therefore, seeks to unseat Respondent No. 7 as elected councillor of Patur Municipal Council. Writ Petition 1674 of 2012 questions a show cause notice issued to petitioner Syed Mujahid Iqbal Mujahid Iqbal therein with orders passed on preliminary objections raised therein on various grounds. Looking to the nature of controversy and various orders passed, we have heard both the matters finally at the stage of admission by issuing Rule and making it returnable forthwith. We have referred to both rival Petitioners by their names to avoid any confusion.

2. Petitioner Mohd. Sharique-ur-Rehman in Writ Petition No. 6131 of 2011 has prayed for quashing and setting aside of order dated 19.11.2011 passed by the Respondent No. 2 Scrutiny Committee validating caste claim of Respondent No.7 Syed Mujahid Iqbal and for quashing consequential caste validity given to that Respondent. The Petition also contained an interim prayer to restrain Syed Mujahid Iqbal from contesting the general election of Respondent No.5 Municipal Council then due on 11.12.2011 by staying the impugned order. However, due to passage of time interim prayer is rendered infructuous. After filing this writ petition, Mohd. Sharique ur Rehman has filed election petition No.5/2011 on 19.12.2011 before the District Judge, Akola under Section 21 of the Maharashtra Municipalities, Nagar Panchayats & Industrial Townships Act, 1965, (Municipalities Act hereafter). Writ petition was first considered by this Court on 21.12.2011 when it issued notices and also directed record proceedings of Respondent Nos.2 & 6 to be made available for Court's perusal. Perusal of order dated 14.3.2012 passed by this Court shows leave given to Mohd. Sharique ur Rehman to place impugned caste validity order on record. Time was also given to him to point out whether he has requisite validity. In rejoinder dated 14.3.2012, Mohd. Sharique ur Rehman pointed out that his caste claim was validated by Scrutiny Committee on 15.2.2007. Next order dated 22.3.2012 notes issuance of the show cause notice to Syed Mujahid Iqbal by Respondent No.2 on 21.3.2012 and this Court then adjourned the hearing by 4 weeks with direction to Respondent No.2 to take appropriate action within said time. Mohd. Sharique ur Rehman in his petition attempts to show collusion between Syed Mujahid Iqbal and Scrutiny Committee as according to him validity has been issued to Syed Mujahid Iqbal without following mandatory procedure and without conducting any inquiry.

3. Writ Petition No.1674 of 2012 is filed by Syed Mujahid Iqbal who happens to be Respondent No.7 in Mohd. Sharique ur Rehman's Writ Petition No. No.6131 of 2011. He has questioned decision of Scrutiny Committee to issue show cause notice dated 21.3.2012 as arbitrary and biased. There is no material with Scrutiny Committee to sustain it and only because of undue apprehension of C.I.D. Inquiry communicated to it vide letter dated 16.3.2012 by office of the Government Pleader, out of sheer fear and to show some action, impugned show cause came to be issued. It is contended that the Scrutiny Committee is biased and acting highhandedly, thereby refusing to exercise jurisdiction and denying to Syed Mujahid Iqbal, a free and fair trial. In this matter, notice came to be issued on 11.4.2012 with direction to parties to maintain status quo. Said notice was made returnable on 19.4.2012 as Writ Petition No. 6131 /2011 was already placed on that day. Mohd. Sharique ur Rehman who has filed Writ Petition No. 61