The High Court of Karnataka has suggested that there is a need to make the candidates contesting in the elections to declare any instances of challenges made to their caste or education certificate and civil litigations before the judicial, the quasi-judicial, or the administrative authorities so that these information is available to one and all, including the voting populace and rival candidates.
Also, the court said that the Law Commission of India would have to look into this aspect of making declarations on challenges to caste or educational certificates, while contesting elections which are conducted under the provisions of the Representation of People Act, 1951.
Making guidelines
On litigations, both civil and criminal before before the judicial, the quasi-judicial or the administrative authorities, the court said that it is for the State government to prepare appropriate guidelines indicating that the contestant will have to furnish details of all the litigations pending and decided that the candidate is/was involved in both civil and criminal matters before various fora so that the information is available to the public.
Justice Suraj Govindaraj made these observations while dismissing a petition filed by Prabhu Chavan, MLA from Aurad Assembly constituency. He had challenged a fresh notice issued to him by the District Caste Verification Committee (DCVC) on a plea filed by Narasinga, who had contested against Mr. Chavan, questioning the validity of his caste certificate.
As Mr. Chavan had claimed that challenges to his caste certificate, as belonging to Lambani community, which is a Scheduled Caste (SC), was rejected multiple times earlier, the court said that in none of the earlier rounds of litigation the validity was decided on merits but were rejected on technical reasons. The court also noted that Mr. Narasinga was not aware of earlier litigations over Mr. Chavan’s caste certificate.
Place of birth
On contention that Mr. Chavan is not entitled for SC certificate as he was born in Maharashtra, where the Lambani community is not under SC category, the High Court, citing apex court’s judgments, pointed out that “a person born in a caste or community which is not notified as SC or ST in the State of birth, upon migration to another State wherein that caste or community is notified as SC or ST, will not be entitled to the benefit granted to, such SC or ST statues in the State to which the person has migrated to.”
However, as Mr. Chavan claimed that he was born in Karnataka, the High Court said that this disputed question of fact has to be decided by the DCVC keeping in mind the apex court’s judgments and the court cannot adjudicate this dispute.
Published – March 26, 2025 08:21 pm IST