Congress Leader Challenges BJP MLA Pratima Bagri’s Scheduled Caste Certificate; MP HC Orders Scrutiny
Congress Leader Pradeep Ahirwar had filed a complaint against BJP MLA Pratima Bagri questioning the validity of her Scheduled Caste Certificate.
Congress Leader Pradeep Ahirwar had filed a complaint against BJP MLA Pratima Bagri questioning the validity of her Scheduled Caste Certificate.
“If any interim or final orders are passed at this stage, it would directly affect the election process and would have the effect of delaying or protracting the election process, which admittedly has already commenced.”
In August 2021, Justice J.K. Maheshwari was elevated to the Supreme Court and priorly served as Chief Justice of two High Courts- Andhra Pradesh and Sikkim.
While dealing with matters such as the present one, the Court must be conscious of the fact regarding the purpose and object of seeking such a caste certificate based on the mother’s social status, since the mother belongs to the reserved category.
The matter revolved around the respondent questioning the petitioner’s election to Jagaluru Vidhan Sabha Constituency contending that the petitioner did not belong to Scheduled Tribe but belonged to the Other Backward Community.
In the instant case, the Court rejected the appellant’s contention that caste would be under eclipse upon conversion and will resume upon reconversion.
‘NCT of Delhi is giving reservation to one category and denying the same to another, which is sheer discrimination and cannot be permitted.’
Enquiry cannot be conducted in the status of Shivaji Bandappa Kalge, the returned candidate and he cannot be declared as not belonging to “Mala Jangam” community scheduled caste as he has a caste validity certificate in his favour by the Caste Scrutiny Committee which has exclusive jurisdiction to grant the said certificate.
In August 2021, Justice J.K. Maheshwari became the first Chief Justice from Sikkim High Court to be elevated to the Supreme Court and has served as Chief Justice of two High Courts, Andhra Pradesh and Sikkim High Courts.
The High Court was of the view that the petition was yet another attempt by a disgruntled candidate who had lost in elections against their rival.
In case of an alleged mismatch of details of the candidate during document verification, the caste certificate ought to be read in conjunction with other documents.
Kerala High Court pointed out that KIRTADS proceeded on general statements that generally in case of inter-caste marriage, the socialization process of the offspring of such couples is more attached to the high ranked father.
Supreme Court held that when an affinity test is conducted by Vigilance Cell, the result of the test along with all other material on record having probative value will have to be taken into consideration by the Scrutiny Committee for deciding the caste validity claim
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