Nagpur: The Nagpur Bench of the Bombay High Court on Thursday granted interim stay on the cancellation of the caste validity certificate of Congress leader Rashmi Barve but refused to intervene in the Lok Sabha poll nomination process.
In her petition, Barve had called the decision of the Caste Scrutiny Committee and the State Social Welfare Department as illegal and politically motivated and had sought a stay so that she would fight the Lok Sabha polls.
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Wednesday 05 Feb. 2025
The Division Bench of Justice Avinash Gharote and Justice M S Jawalkar granted interim stay on the Caste Scrutiny Committee Nagpur’s decision on cancellation of Barve’s caste validity certificate. The division bench, which issued notices to the state government and other respondents, however, refused to stay the poll nomination process.
The bench observed that though the process of rejection of caste validity was done in hurry, however the prayer sought by Barve cannot be granted as same is barred by Constitutional provision. The bench said that once the election process is initiated, the court has limitation in intervention as the election programme commenced from March 20, 2024, and now even election symbols have been allotted.
Thus as the Apex Court observed in a case, the division bench as Article 243-O (B) of Constitution of India is a bar in entertaining a writ petition under Article 226 of the Constitution against order passed by Returning Officer in rejecting nomination paper. Since the election process has progressed to quite an advanced stage, the Court has limitation in granting stay to Returning Officer’s decision. The only recourse to appellant is election petition, the bench mentioned.
The Judges however observed that the hurry with which the caste validity certificate of Barve was rejected was wrong, as adequate time was not granted to the applicant to present her side. The bench said that after going through the papers it is clear that fair opportunity was not granted to the applicant to submit her say.
Earlier Barve got a stay on the Caste Scrutiny Committee decision as to rejecting her validity certificate on Thursday. Post hearing her second prayer for staying the rejection of nomination paper, the court had kept the order reserved for Thursday. Now post rejection of her contention for stay on Returning Officer’s decision, Barve is going to approach the Supreme Court. Meanwhile, HC has posted further hearing on rejection of caste validity to April 24.
