RIYAZ I. CHAGLA, J.

Rule, returnable forthwith. Heard by consent.

2. The Petitioner has in the present Petition sought direction against the Respondent No. 2 that till the decision of the caste claim of the Petitioner by the Respondent No. 1-Committee and till the serving of the copy of the decision to the Respondent No. 2, the Respondent No. 2 be restrained from disqualifying the Petitioner in view of the Section 5B of the Maharashtra Municipal Corporation Act, 1949.

3. The brief background of the facts are necessary. The Petitioner has been elected as a candidate in the election of the Solapur Municipal Corporation. The Petitioner had contested the election as candidate of Congress (I) party for the seat available for OBC category. The Petitioner at the time of filling election form, submitted the documents in support of her caste case claiming as “Tambat” OBC on the basis of her husband's caste and not her father's caste. The Petitioner's election form was accordingly accepted. The Petitioner upon submitting her caste claim as Tambat OBC had been elected as Corporator of Solapur Municipal Corporation in the election conducted in February 2017. The Respondent No. 1-Committ