Mandatory to Submit Caste Validity Certificate within 12 Months of Election


Failure Will Result In Retrospective Termination

Bench of the Bombay High Court declared that it is mandatory for a candidate contesting from a reserved seat to produce a caste validity certificate within 12 months of the date of election and failure to do so would lead to retrospective termination.

The Full Bench noted that in Anant H. Ulahalkar there was a difference of opinion between different Benches of High Court concerning Section 9-A of the Act of 1965 and recognised that although the candidate would be prejudiced for no fault of his if the Caste Scrutiny Committee did not issue the validity certificate within the time contemplated by the second proviso but held that the mandate of the legislature could not be diluted.

“The decision terminates by holding that the provision is mandatory and if within the time contemplated by the second proviso no validity certificate is obtained the consequences as per the proviso shall ensue.

 The decision of the Full Bench has been accorded approval of by the Supreme Court vide decision reported as (2019) 3 SCC 220 Shankar s/o Raghunath Devre (Patil) Vs. State of Maharashtra & Ors” Court said..