Six-Month Time Limit For Submitting Caste Certificate In Local Self Bodies’ Election Mandatory: Bombay HC (FB) [Read Judgment]
8 years, 3 months ago

Six-Month Time Limit For Submitting Caste Certificate In Local Self Bodies’ Election Mandatory: Bombay HC (FB) [Read Judgment]

Live Law  

A full bench of the Bombay High Court has held that the six-month time period prescribed for production of a Validity Certificate issued by the Caste Scrutiny Committee under Section 9A of Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 is mandatory and in case of failure, the election of such individual will be terminated retrospectively and. A full bench of the Bombay High Court has held that the six-month time period prescribed for production of a Validity Certificate issued by the Caste Scrutiny Committee under Section 9A of Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 is mandatory and in case of failure, the election of such individual will be terminated retrospectively and he/she will be disqualified. Section 9A provides that any person who desires to contest an election to a reserved seat, must submit along with his nomination papers, a caste validity certificate issued by the scrutiny committee in accordance with Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes, Nomadic Tribes, Other backward Classes and Special Backward Category caste certificate Act 2000. The second proviso provides that if such a certificate is not produced within the prescribed time limit, his/her election will be terminated retrospectively and disqualified.

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History of this topic

Woman's Caste Determined By Birth, Not By Marriage: J&K HC Reiterates Home Ministry Circular, Seeks Timely Decision On Woman's ST Certificate
1 month, 2 weeks ago

Woman's Caste Determined By Birth, Not By Marriage: J&K HC Reiterates Home Ministry Circular, Seeks Timely Decision On Woman's ST Certificate

Live Law  

Reaffirming the guidelines of a circular issued by the Ministry of Home that a woman's caste is determined by birth and not by marriage the Jammu and Kashmir and Ladakh High Court on Friday directed the authorities to take a decision on issuing a Scheduled Tribe category certificate to a woman who belongs to the Padri Tribe but had married …

Caste certificate controversy flares as Jankar prepares for Malshiras assembly bid
5 months ago

Caste certificate controversy flares as Jankar prepares for Malshiras assembly bid

Hindustan Times  

Pune: The announcement of Uttam Jankar’s candidature from Malshiras for the upcoming assembly elections has reignited a long-standing controversy over his caste certificate. The announcement of Uttam Jankar’s candidature from Malshiras for the upcoming assembly elections has reignited a long-standing controversy over his caste certificate. Local political analysts predict that Jankar’s candidacy and the controversy surrounding his caste certificate could …

Error Of Scrutiny Committee Validating Caste Certificate Can't Be Challenged In Election Petition: Bombay HC Dismisses Plea Against Congress MP
6 months, 2 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 …

What Is The Procedure For Cancellation Of Caste Certificate Granted After Scrutiny? Supreme Court In Navneet Kaur Rana's Case
1 year, 1 month ago

What Is The Procedure For Cancellation Of Caste Certificate Granted After Scrutiny? Supreme Court In Navneet Kaur Rana's Case

Live Law  

The Supreme Court on Wednesday, while hearing the challenge against the setting aside of MP Navneet Kaur Rana's cast certificate, asked the counsel for the petitioner to examine what would be the procedure laid down by law when a certificate which is granted after verification is to be cancelled. The bench comprising Justices JK Maheshwari and Sanjay Karol was hearing …

Discrimination In Allowing Late Submission Of Caste Certificates: Supreme Court Directs Gujarat Govt To Appoint 2 Candidates 16 Years After They Applied
1 year, 4 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, 7 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 …

Supreme Court To Hear On March 28 MP Navneet Kaur Rana's Plea Against Bombay HC Judgment Cancelling Caste Certificate
2 years, 1 month ago

Supreme Court To Hear On March 28 MP Navneet Kaur Rana's Plea Against Bombay HC Judgment Cancelling Caste Certificate

Live Law  

The Supreme Court will hear on March 28 MP Navneet Kaur Rana's challenge against the Bombay High Court order which had set aside her caste certificate. Observing that the Amravati MP had committed 'systematic fraud', the Bombay High Court cancelled her caste certificate and the Caste Scrutiny Committee's 2017 order validating her claim of belonging to the 'Mochi' Schedule Caste. …

SC Stays Bombay HC Verdict Cancelling Caste Certificate of Amravati MP
3 years, 9 months ago

SC Stays Bombay HC Verdict Cancelling Caste Certificate of Amravati MP

News 18  

In a relief to Lok Sabha MP Navneet Kaur Rana, the Supreme Court Tuesday stayed the Bombay High Court verdict cancelling the caste certificate of the independent lawmaker representing Maharashtra's Amravati constituency, reserved for scheduled castes. The Bombay High Court had on June 9 cancelled the caste certificate of Rana, saying it was obtained fraudulently using fabricated documents, and had …

Maharashtra Assembly gives nod to bill on caste validity certificate
5 years 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 …

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

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