Case Note & Summary
The Petitioner, Mrs. Anuradha Sudhakar Katkar, was elected as a Corporator of the Solapur Municipal Corporation in February 2017, contesting from an OBC category seat as a candidate of the Congress (I) party. At the time of filing her election form, she submitted documents claiming her caste as 'Tambat' OBC based on her husband's caste. The Divisional Caste Scrutiny Committee, Solapur (Respondent No. 1) directed her to submit documents of her father's side, which supported a claim of 'Lohar NT' caste. The State Election Commission informed the Secretary of Town Planning Department on 10 March 2017 that orders regarding cancellation of election should be passed with retrospective effect. The file was transferred to the Caste Scrutiny Committee at Beed, and the validity procedure commenced in July 2017. The Petitioner sought a direction that Respondent No. 2 (the Municipal Corporation) be restrained from disqualifying her under Section 5B of the Maharashtra Municipal Corporation Act, 1949 until the caste claim is decided and the decision communicated. The Court, after hearing the parties, held that the disqualification under Section 5B cannot be invoked until the decision of the caste claim is communicated to the Respondent No. 2. The Court directed the Caste Scrutiny Committee to decide the claim within six weeks and restrained Respondent No. 2 from disqualifying the Petitioner in the interim. The petition was disposed of accordingly.
Headnote
A) Municipal Law - Disqualification of Corporator - Section 5B Maharashtra Municipal Corporation Act, 1949 - Caste Scrutiny Pending - The Petitioner, elected as an OBC candidate, had her caste claim pending before the Caste Scrutiny Committee. The Court held that the Respondent No. 2 cannot disqualify the Petitioner under Section 5B until the decision of the caste claim is communicated to it. The Court directed the Caste Scrutiny Committee to decide the claim within six weeks and restrained disqualification in the interim. (Paras 2-5)
Issue of Consideration
Whether the Respondent No. 2 can disqualify the Petitioner under Section 5B of the Maharashtra Municipal Corporation Act, 1949 before the decision of the caste claim by the Caste Scrutiny Committee is communicated to the Respondent No. 2.
Final Decision
The Court directed the Caste Scrutiny Committee to decide the caste claim of the Petitioner within six weeks from the date of the order. The Respondent No. 2 was restrained from disqualifying the Petitioner under Section 5B of the Maharashtra Municipal Corporation Act, 1949 until the decision of the caste claim is communicated to the Respondent No. 2. The petition was disposed of accordingly.
Law Points
- Caste claim pending before Scrutiny Committee
- Disqualification under Section 5B cannot be invoked until decision is communicated
- Interim protection granted to elected corporator
