Mumbai, September 2, 2026: The Bombay High Court on Wednesday dismissed a petition filed by former Brihanmumbai Municipal Corporation (BMC) corporator Vishakha Raut challenging the Municipal Commissioner’s decision to declare her seat vacant after her caste certificate was invalidated.
Raut was elected from Ward No. 191, reserved for OBC women. The District Caste Scrutiny Committee, Palghar, invalidated her Kunbi caste certificate on August 20, 2026. Five days later, the Municipal Commissioner declared her seat vacant and recommended her disqualification from contesting elections for six years.
Raut challenged the action, contending that she was entitled to protection under a recently amended provision of the Maharashtra caste certificate law. She argued that Section 10(5) provided a window to challenge the invalidation order before benefits secured on the basis of the caste certificate could be withdrawn.
Court Rejects Retrospective Effect Argument
The High Court, however, rejected the contention, holding that the invalidation had a direct and retrospective effect on her election.
The court noted that Section 10(4) of the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes, Nomadic Tribes, Other Backward Classes and Special Backward Category Caste Certificate Act [SC ST Act] provides that an election secured on the basis of an invalid caste certificate is deemed to have been terminated retrospectively.
The bench said, “The deeming effect which is brought about by subsection 4 that the election of such person shall be deemed to have been terminated retrospectively has remained untouched.”
It further observed that Section 10(5) dealt with a different aspect of the law and could not dilute the consequences flowing from Section 10(4).
“Merely because clause B of subsection 5 provides for a limitation of 30 days from the lapse of the appeal for withdrawal of the benefits,” the court said, “would not bring about a situation that the deeming effect… would in any manner whatsoever stand diluted or extinguished.”
The court thus held that the provisions concerning an appeal or withdrawal of benefits did not suspend the retrospective effect of the invalidation.
Municipal Commissioner Acted Lawfully
The bench further held that the Municipal Commissioner had acted lawfully under Section 16(1C) of the Mumbai Municipal Corporation Act, as the disqualification followed directly from the invalidation of Raut’s caste certificate.
Rejecting Raut’s argument that there was no finding of fraud against her, the court said the statutory consequences followed once the caste certificate was found invalid and did not require a separate finding of fraud.
Also Watch:
Substantive Issues Kept Open
Dismissing the petition, the High Court clarified that its observations were limited to the challenge against the Municipal Commissioner’s order. It kept all substantive issues open in Raut’s pending appeal before the Divisional Commissioner, Konkan Division, and granted her liberty to seek an expedited hearing.
To get details on exclusive and budget-friendly property deals in Mumbai & surrounding regions, do visit: https://budgetproperties.in/
