Reserved Seats: Mandatory To Submit Caste Validity Certificate Within 12 Months Of Election, Failure Will Result In Retrospective Termination: Bombay HC (FB)
5 years, 2 months ago

Reserved Seats: Mandatory To Submit Caste Validity Certificate Within 12 Months Of Election, Failure Will Result In Retrospective Termination: Bombay HC (FB)

Live Law  

A full bench of the Bombay High Court declared that it is mandatory for a candidate contesting from a reserved seat to produce a caste validity certificate within 12 months of the date of election and failure to do so would lead to retrospective termination. While S.10-1A dealt with "Person contesting election for reserved seat to submit Caste Certificate and Validity Certificate", S.9A also dealt with the same subject, thus Court said- "The two provisions are pari materia. The main Section requires a person desirous of contesting election to a seat reserved for a Member of a Scheduled Caste, Scheduled Tribe or a Backward Class to submit along with the nomination paper a caste certificate issued by the competent authority and a validity certificate issued by the Scrutiny Committee in accordance with the provisions of the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes, Nomadic Tribes, Other Backward Classes and Special Backward Category Caste Certificate Act, 2000. The Full Bench noted that in Anant H. Ulahalkar there was a difference of opinion between different Benches of High Court concerning Section 9-A of the Act of 1965 and recognised that although the candidate would be prejudiced for no fault of his if the Caste Scrutiny Committee did not issue the validity certificate within the time contemplated by the second proviso but held that the mandate of the legislature could not be diluted.

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History of this topic

Election Petition Questioning Caste Certificate Of Elected Representative Maintainable Before High Court: Karnataka HC
2 weeks ago

Election Petition Questioning Caste Certificate Of Elected Representative Maintainable Before High Court: Karnataka HC

Live Law  

The Karnataka High Court has held that Karnataka Scheduled Castes and Scheduled Tribes and Other Backward Classes Act, 1990, does not take away the jurisdiction of the High Court to decide an election dispute questioning the caste of a returned candidate to the Legislative Assembly. He claimed that only the DCVC formed under the Karnataka Scheduled Castes Scheduled Tribes and …

'They Have To Be Given A Chance' : Supreme Court Dismisses Plea Challenging SC/ST Reservations In Punjab's Gram Panchayat Posts
1 month ago

'They Have To Be Given A Chance' : Supreme Court Dismisses Plea Challenging SC/ST Reservations In Punjab's Gram Panchayat Posts

Live Law  

The Supreme Court on Monday dismissed the challenge to the reservation of seats for Scheduled Castes in Gram Panchayat elections in village in Ferozepur, Punjab. The bench of CJI Khanna and Justice Sanjay Kumar was hearing a plea challenging the two circulars issued by the Deputy Commissioner of Ferozepur through which the seat of the sarpanch of the village as …

[Maharashtra Elections] Court Can Interfere In Electoral Process Only To Progress And Further It: HC Denies Relief To Candidate Over Rejected Nomination
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1 month, 4 weeks ago

[Maharashtra Elections] Court Can Interfere In Electoral Process Only To Progress And Further It: HC Denies Relief To Candidate Over Rejected Nomination

Live Law  

The Bombay High Court last week held that the High Courts do have 'jurisdiction' and 'power' to interfere in the electoral process but the same must be exercised only to further the process or progress of the elections.A division bench of Justices Arif Doctor and Somasekhar Sundaresan, which was presiding over a vacation court on November 6, refused to grant …

Error Of Scrutiny Committee Validating Caste Certificate Can't Be Challenged In Election Petition: Bombay HC Dismisses Plea Against Congress MP
3 months, 4 weeks ago

Error Of Scrutiny Committee Validating Caste Certificate Can't Be Challenged In Election Petition: Bombay HC Dismisses Plea Against Congress MP

Live Law  

The Bombay High Court bench at Aurangabad on Tuesday dismissed an election petition challenging the election of Congress leader Shivaji Kalge to the 18th Lok Sabha, from Latur constituency in Maharashtra.A candidate from the Vanchit Bahujan Aghadi had challenged Kalge's election on the ground that he fraudulently won the election by claiming to be belonging to the 'Mala Jangam' case …

Subsisting Contract With Panchayat Necessary For Disqualification Of Member U/S 12(h) Of Gram Swaraj & Panchayat Act: Karnataka High Court
7 months, 4 weeks ago

Subsisting Contract With Panchayat Necessary For Disqualification Of Member U/S 12(h) Of Gram Swaraj & Panchayat Act: Karnataka High Court

Live Law  

The Karnataka High Court has held that it is only a subsisting contract with the Panchayat that could lead to a disqualification of a member under Section 12 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 and not the previous work done by the member. It said “The Tribunal has held that the tense used in Section 12 …

Can 'Sikh Chamar' Be Regarded As 'Mochi' Caste In Maharashtra? Supreme Court Considers In Navneet Kaur Rana's Case
10 months, 2 weeks ago

Can 'Sikh Chamar' Be Regarded As 'Mochi' Caste In Maharashtra? Supreme Court Considers In Navneet Kaur Rana's Case

Live Law  

The Supreme Court on Thursday, resuming its hearing on the issue of cancellation of the caste certificate of Amravati MP Navneet Kaur Rana, dwelled into the aspect of the purpose and scope of the Constitution Order, 1950 and how the designation of Scheduled Castes in different states varied on sociological basis. He said, “It enumerates not just the caste, the …

Bihar Municipal Elections Reservation Challenge | High Court Lists Matter For Final Hearing On January 2
1 year, 1 month ago

Bihar Municipal Elections Reservation Challenge | High Court Lists Matter For Final Hearing On January 2

Live Law  

The Patna High Court has set January 2, 2024, as the date for the final hearing on a case challenging the recently conducted Bihar Municipal elections. Shahi, AG Mr. Vikas Kumar Counsel/s For the Respondent/s : Mr. Basant Kumar Choudhary, Sr. Advocate Counsel/s For the Petitioner/s : Mr. Awnish Kumar, Advocate Mr. S.V. Shahi, AG Mr. Vikas Kumar, A.C. to …

Discrimination In Allowing Late Submission Of Caste Certificates: Supreme Court Directs Gujarat Govt To Appoint 2 Candidates 16 Years After They Applied
1 year, 2 months ago

Discrimination In Allowing Late Submission Of Caste Certificates: Supreme Court Directs Gujarat Govt To Appoint 2 Candidates 16 Years After They Applied

Live Law  

The Supreme Court recently pulled up the State of Gujarat for selectively allowing certain candidates to submit their caste certificates beyond the cut-off date in an appointment process. The applicants approached the Gujarat High Court, citing instances where the State allowed certain candidates to submit their caste certificates at the stage of interview after the cut-off date. The Supreme Court …

Permit OBC Category Candidate To Appear In Interview For Senior Resident Doctor Post: Delhi High Court To AIIMS
1 year, 5 months ago

Permit OBC Category Candidate To Appear In Interview For Senior Resident Doctor Post: Delhi High Court To AIIMS

Live Law  

The Delhi High Court on Monday directed AIIMS to permit a candidate, whose OBC certificate was initially rejected on the ground that it was not as per the prescribed format and later because the re-submission was beyond the cut off date, to appear in second stage interview for the post of senior resident doctor.Granting interim relief to the candidate who …

Notify Overdue Elections Of Maharashtra Local Bodies Within 2 Weeks Based On Delimitation Existing Before March 11 : Supreme Court Directs SEC
2 years, 8 months ago

Notify Overdue Elections Of Maharashtra Local Bodies Within 2 Weeks Based On Delimitation Existing Before March 11 : Supreme Court Directs SEC

Live Law  

The Supreme Court on Wednesday directed the Maharashtra State Election Commission to announce the schedule for elections for around 2486 local bodies, whose term expired long ago, election within two weeks. However, the bench called upon the counsel for the Maharashtra State Election Commission to explain as to why the elections in large number of local bodies across the State …

'Election Process Can't Be Interfered With' : Supreme Court Dismisses Plea Against Consecutive Reservation Of Panchayat President Posts In Kerala
4 years ago

'Election Process Can't Be Interfered With' : Supreme Court Dismisses Plea Against Consecutive Reservation Of Panchayat President Posts In Kerala

Live Law  

A vacation bench of the Supreme Court on Thursday dismissed a plea which challenged the reservation notification issued by the State Election Commission for local body heads on the ground that it lead to successive/consecutive reservations of the posts of Panchayat Presidents and Municipality Chairpersons. "Election process can't be interfered with in the middle", a bench comprising Justices Indira Banerjee …

Maharashtra Assembly gives nod to bill on caste validity certificate
4 years, 9 months ago

Maharashtra Assembly gives nod to bill on caste validity certificate

India Today  

The Maharashtra Assembly on Wednesday approved a bill to allow gram panchayat members to submit their caste validity certificates within a year of winning elections. The bill, which was unanimously passed by the House, will ensure that the aspiring candidates are not barred from contesting the elections if they do not have a caste validity certificate, he said. The minister …

Public Employment: Can Reservation Claims Be Considered Even If Caste Certificates Were Not Produced Before Cut Off Date? SC Refers To Larger Bench [Read Order]
4 years, 11 months ago

Public Employment: Can Reservation Claims Be Considered Even If Caste Certificates Were Not Produced Before Cut Off Date? SC Refers To Larger Bench [Read Order]

Live Law  

The Supreme Court has observed that allowing the applicants to public posts to submit certificates in proof of their claim of reservation subsequent to the notified cut-off date would create administrative chaos. The bench of Justices Mohan M. Shantanagoudar and R. Subash Reddy referred the matter to a larger bench to reconsider the observations made in Ram Kumar Gijroya vs …

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