Scrutiny of validity of cast certificate in respect of bmc counselor
Sadanand B. Panchal
(Querist) 12 December 2013
This query is : Resolved
Respected Experts,
In the matter of Mumbai Municipal Corporation candidate elections among two O.B.C. ladies candidates one candidate X elected with higher votes against candidate Y. There was inquiry by the State Government in respect of many OBC candidates who have submitted documents to prove their Cast. Thereafter Election department stayed process of issuing validity Certificate to the Cast of all the candidates excluding X and Y. When the matter was reached before the Hon’ble Supreme Court all the cases of candidates were tagged together for decision for unlimited time.
So far as the candidate X is concerned after election X became the Councilor of the Ward and still is on duty. Y lodged a complaint under Section 156(3) of CrPC against X before Hon’ble Metropolitan Magistrate Court for offence of obtaining Validity Certificate of Cast by submitting forged documents, the Court initiated proceedings under Section 202 of CrPC wherein Police after making inquiry filed report before Court that the documents submitted by the X candidate for obtaining Validity Certificate were forged one. In spite of this the Court not taken any action against X therefore Y preferred Writ Petition before Hon’ble High Court. Hon’ble Justice Shri A. S. Oka passed order and directed Scrutiny Committee for making inquiry of Validity Certificate of X and for filing report within four Weeks. Thereafter X preferred SLP before Hon’ble Supreme Court and upon hearing Chief Justice of Supreme Court stayed the Order of High Court directing inquiry to Scrutiny Committee and the matter was ordered to hear alongwith other identical matters filed by the State Government.
Recently the Government issued Cast Validity Certificate in the name of Y Candidate. On the other hand Police report states that X candidate has obtained Cast Validity Certificate with submitting forged documents. The X candidate in spite of not having valid Cast Certificate, still remained on duty of Corporator to the Ward. Inquiry concern with the Validity Certificate of X is stayed by the Hon'ble Supreme Court in spite of there was order by the Hon’ble High Court for enquiry which was valid under Law. Two years lapsed but the X candidate cannot be removed from its Post for offence of submitting illegal Validity Cast Certificate. Y candidate is deprived of its right to elect having Valid Cast Certificate.
Kindly inform me a solution for setting aside Order of Supreme Court prohibiting inquiry of candidate who had obtained Cast Certificate with fraud. Is there any different solution in this matter kindly inform me.
Regards,
Sadanand B. Panchal
