SC stays HC judgment that cancelled MP Navneet Kaur-Rana’s caste certificates
The Supreme Court has stayed a Bombay High Court judgment which had cancelled the “wrong caste certificate” obtained by Amravati MP Navneet Kaur-Rana.
Since Kaur-Rana, an Independent candidate, had received from a constituency which was reserved for members of the Scheduled Caste group, the Bombay HC order meant that she was at risk of dropping her seat. Kaur-Rana’s certificates said that she was a member of the ‘Mochi’ group.
But a trip bench of Justices Vineet Saran and Dinesh Maheshwari stayed the operation of the High Court judgment on Tuesday and issued discover on the particular depart petition filed by her towards the HC judgment, the Live Law reported.
Senior Advocate Mukul Rohatgi, showing for the Amravati MP, said that the phrases “mochi” and “chamaar” are synonymous.
The scrutiny committee had decided the MP’s caste standing based mostly on unique information, Rohatgi mentioned, including that although the excessive courtroom didn’t contest the authenticity of the paperwork, it went on to reverse the choice of the scrutiny committee by way of a writ petition, the Live Law reported.
Rohatgi argued that the HC choice was “erroneous” because it had ignored a number of essential paperwork.
Senior Advocate Kapil Sibal, who was showing for the petitioners who had approached the HC towards the MP’s caste certificates, mentioned that the vigilance committee had discovered that many paperwork have been fabricated.
The apex courtroom requested Sibal to file a counter-affidavit within the matter and stayed the Bombay High Court judgment.
The Bombay HC had earlier requested Kaur-Rana to give up the certificates to the Committee inside six weeks and directed her to pay a price of Rs 2 lakh to the Maharashtra Legal Services Authority inside two weeks, including that “all the consequences in law provided upon cancellation of such a fraudulently obtained certificate shall follow.”
The courtroom had additionally pulled up the District Caste Scrutiny Committee, Mumbai, which validated the certificates in November 2017, saying it “did its job rather sloppily and shirked the obligations imposed on it”.
The HC had famous that the declare of belonging to the “mochi” caste made by Kaur-Rana was fraudulent and noticed that “two sets of documents” produced by the MP earlier than the Scrutiny Committee have been “contradictory to each other”, including that such “wrong caste certificate” could deprive real and deserving individuals of their due advantages.
“Since the respondent has obtained the caste certificate fraudulently and got the said caste certificate validated fraudulently from Caste Scrutiny Committee by producing fabricated and fraudulent documents, such caste certificate is cancelled and stands confiscated. It is needless to observe that all the consequences in law provided upon cancellation of such a fraudulently obtained certificate shall follow,” the Bombay HC had said.
Kaur-Rana had received the 2019 Lok Sabha elections after the Congress-NCP mix determined to increase help to her, resulting in her defeating then sitting MP, Anandrao Adsul of the Shiv Sena.