Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Writ Jurisdiction Election Laws |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Writ jurisdiction: Writ of quo warranto - Challenging the election of appellant as Councilor/Chairperson on the ground that the office of Councilor/Chairperson was reserved for Scheduled Caste and appellant got himself elected by making false claim of being member of Scheduled Caste - High Court allowed the writ petition - On appeal, held: It was not for High Court to enter into the disputed question of fact regarding the caste status of appellant - The two caste certificates obtained by appellant were valid and genuine and were not cancelled under section 5 of 1993 Act- High Court exceeded its jurisdiction in relying on the service records of the appellants and in calling the files of the Electricity Board E where the appellant was previously working - This amounted to a roving enquiry into caste of appellant which was certainly not permissible in writ jurisdiction and also in the wake of Section 5 of 1993 Act- Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993 - s.5 - Andhra Pradesh Municipalities (Decision on Election Disputes) Rules, 1967 - r.1 - Constitution of India, 1950 - Article 243ZG(b) - Election laws. The appellant was elected as a councillor in the election. Later on he was elected as the chairperson of the council by all the elected councillors. The office of councillor/chairperson was reserved for the Scheduled Castes. Appellant claimed that he belonged to the Scheduled Caste namely 'Mala'. After 6 months of election of appellant as chairperson, a representation was filed before the Superintendent of Police for initiation of action against the appellant on the ground that he got himself elected by making false claim of being a member of Scheduled Caste. Similar representation was made to Andhra Pradesh State Commission for Scheduled Caste Tribes. A complaint was made before the District Collector under section 5 r.w. section 12 of the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993. A writ of quo warranty was filed praying for direction to the appellant to vacate the office of chairperson. An application was also filed praying the Court to receive a copy of the report of the Inspector of Police giving the details of the representations. Along with the writ petition, the first respondent also filed a copy of service records of appellant maintained by previous employer, the State Electricity Board. It was pointed that in these documents the appellant was described as the Christian Mala belonging to the Backward Class 'C' category. It was averred that appellant converted to Christianity and that he had obtained employment in the State Electricity Board. The High Court allowed the writ petition holding that it was a case of play of fraud on the Constitution depriving the Scheduled Caste category persons from being elected to the respective offices though the said respective offices were reserved for the said category and it was a fit case where the appellant could not be permitted any longer to occupy the respective offices. Hence the appeal. |
Judge | Hon'ble Mr. Justice V.S. Sirpurkar |
Neutral Citation | 2009 INSC 552 |
Petitioner | Kurapati Maria Das |
Respondent | Dr. Ambedkar Seva Samajan & Ors. |
SCR | [2009] 6 S.C.R. 498 |
Judgement Date | 2009-04-17 |
Case Number | 2617 |
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