B.P. Dharmadhikari, J.

1. The challenge in present writ petition is to order dated 19.7.2013 passed by the Divisional Caste Certificate Scrutiny Committee, Aurangabad (Respondent 2 herein) invalidating caste claim of Petitioner & canceling her caste certificate as belonging to caste Momin recognized as OBC vide government resolution dated 13.10.1967 & at serial number 191 therein. The exercise to determine the correctness of the caste claim has been undertaken by the Respondent 2 Committee under the provisions of Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance & Verification of) Caste Certificates Act, 2000 (Act No. 23 of 2001 hereafter) & Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance & Verification of) Caste Certificates Rules, 2012 (2012 Rules hereafter) framed on 31.8.2012 thereunder.

2. Caste certificate has been used by the Petitioner to contest the elections of Respondent 3 Zilla Parishad, Aurangabad & on its strength, she became the President of the Zilla Parishad. This certificate was earlier validated by the District Scrutiny Committee on 17.1.2012 & that validity has been set aside by this Court at the instance of her rival candidate ie present Respondent 5 in WP 3914 of 2013 on 7.1.2013. Matter was placed before the respondent 2 Divisional Scrutiny Committee for fresh evaluation. Hon. Apex Court has on 18.3.2013 passed orders in CA 2597 of 2013 & allowed the Petitioner to continue as President during pendency of the said verification proceedings. After the impugned invalidation dated 19.7.2013, present writ petition was heard first on 25.7.2013 when notices were issued & made returnable on 7.8.2013. Though this Court refused to pass interim orders, however as per request of earlier Counsel representing the Petitioner, reasons for such refusal were not recorded. On 30.7.2013, by changing the Counsel, effort was again made to seek interim orders & this Court has recorded all these developments in its order dated 30.7.2013 deprecating the conduct of Petitioner. Matter then came on 29.8.2013 before this Bench & it permitted fresh election for the post of President to be held but stayed its outcome. It needs to be noted that orders of this Court dated 25.7.2013 do not record rejection of interim prayers & CA 9261/2013 was filed by Petitioner on 29.7.2013 pointing out order of the Divisional Commissioner declaring disqualification & prohibiting the Petitioner from continuing as President. It appears that the orders dated 30.7.2013 are on said application but the application is shown to be still pending. CA 10660 of 2013 was then moved seeking stay of election to fill in vacancy & and this bench has passed the orders stated supra on 29.8.2013. That CA is also pending. Orders of this Court dated 30.7.2013 were assailed before the Hon. Apex Court in SLP 25567-25568/2013 and on 23.8.2013, it was disposed of by requesting this Court to decide the writ petition within two months. It is in this background that we have heard the respective Counsel finally with consent by issuing the Rule & making it returnable forthwith.

3. Adv. Shri Jamalpurkar Patil has placed on record the notes of argument & additional notes of argument. His basic contentions are :-

(A). Violations of principles of natural justice on account of bias on part of members of the Committee. He has given few precedents and subdivided written notes under various heads as per those precedents. In additional notes submitted later on, very same facet has been dealt with again with the help of two precedents.

(B). Failure to follow the procedure as prescribed by Act 23 of 2001 on part of the Scrutiny Committee. It is elaborated with the help of precedents.

(C). Non-appreciation of validity given to