Maharashtra Politician's Caste Certificate Case Reaches Supreme Court.
04 April 2024
Civil Appeals >> Civil & Consumer Law | Constitutional & Government >> Constitution & Law Procedure
A legal dispute over a caste certificate has reached the Supreme Court of India. Navneet Kaur Harbhajansing Kundles, a politician, is appealing a Bombay High Court decision that cancelled her caste certificate.
Facts:
- Kaur belongs to the "Mochi - Scheduled Caste" community in Maharashtra.
- In 2017, the Scrutiny Committee, a government body that reviews caste claims, validated her caste certificate.
- However, during the 2019 Parliamentary election, contesting candidates challenged Kaur's candidacy, alleging her caste certificate was based on forged documents.
- The Bombay High Court sided with the challengers, cancelling the certificate.
Kaur's Arguments:
- Kaur argues that the High Court erred in overriding the Scrutiny Committee's decision.
- She claims the Committee, a quasi-judicial authority, had the legal power to determine her caste status.
- Additionally, she contends that the documents submitted followed the Indian Evidence Act and should have been considered valid.
Respondents' Arguments:
- The opposing party argues that the Presidential Order governing Scheduled Castes in Maharashtra does not recognize "Ravidasia Mochi" or "Sikh Chamar" as a valid caste.
- This, they claim, makes the issuance of the caste certificate to Kaur invalid from the start.
Conclusion:
The Supreme Court is currently considering the arguments presented by both sides. The case hinges on whether the Scrutiny Committee's initial validation of Kaur's caste holds weight or if the respondents' claim about the unrecognized caste supersedes the Committee's decision. The outcome will determine Kaur's eligibility to contest elections reserved for Scheduled Caste candidates.