Invalid OBC Caste Certificate Leads to Councillor’s Disqualification
Judgment dated 5.10.2026 of the High Court of Bombay in Writ Petition No.10970 of 2026 of Rupali Kashinath Shigwan @Rupali Amol Jadhav Vs. State of Maharashtra and others.
By this Writ Petition, the Petitioner is seeking the quashing and setting aside of the impugned Order dated 10th August 2026, passed by the Respondent No. 2, District Caste Certificate Scrutiny Committee, Raigad, District Raigad (“Scrutiny Committee”), with further direction to Respondent No. 2 – Scrutiny Committee to issue a Certificate of Validity in relation to the Caste Certificate dated 8th July 2016 issued to the Petitioner by the Respondent No. 5 – Sub Divisional Officer, Mahad, District Raigad (“Competent Authority”), as belonging to “Kunbi”, Other Backward Class (“OBC”). A further prayer sought is for quashing and setting aside of the Order dated 18th August 2026, passed by Respondent No. 3 – Collector, Raigad, disqualifying the Petitioner from the post of Councillor of the Respondent No.4 – Municipal Council. 2.
The election of Respondent No. 4 – Municipal Council was held, and results were declared on 21st December 2025, in which the Petitioner was declared to be the elected candidate as Councillor from Ward No.8.
- The Petitioner has produced a document, (not been placed before the Scrutiny Committee) by way of Additional Affidavit dated 29th August 2026 viz. Form 14 relating to the son of Rama Ambaji Shigwan, who is stated to be the great-great-grandfather of the Petitioner. We do not consider it appropriate in light of the view expressed by us with regard to Form 14 submitted by the Petitioner’s grandfather being fabricated, that any purpose will be served to remand the matter to the Scrutiny Committee for considering the document now sought to be produced. Although, an appeal has been provided from the impugned Order of the Scrutiny Committee viz. Section 6B of the Amendment Act, in view of the statement made by the learned AGP on instructions of the Respondent – State that there are no SoPs which have been issued with regard to the Appellate Authority and as regards Appeals to be preferred by OBCs to whom the Petitioner claims to belong, reliance cannot be placed on this provision.