Bombay HC Rejects Vishakha Raut’s Plea Over Caste Certificate, Disqualification Process to Continue

The Bombay High Court has rejected a petition filed by former Mumbai mayor and Shiv Sena (UBT) corporator Vishakha Raut challenging the action initiated by the Mumbai civic administration over her invalidated caste certificate.

Raut’s Other Backward Class (OBC) caste certificate was declared invalid by the Palghar District Caste Scrutiny Committee. She had used the certificate while contesting the BMC election from Ward 191 in Dadar, which was reserved for women from the OBC category.

Following the scrutiny committee’s decision, the Mumbai Municipal Commissioner wrote to the state government seeking initiation of disqualification proceedings against Raut.

Raut challenged the commissioner’s correspondence before the High Court, arguing that the civic administration had acted prematurely. Her contention was that she had 90 days to appeal against the scrutiny committee’s decision and that initiating the disqualification process before the expiry of that period was unlawful.

However, a division bench comprising Justices Girish Kulkarni and Neela Gokhale rejected her petition. The court found no illegality in the correspondence issued by the municipal commissioner.

With the petition dismissed, the disqualification process against Raut can now continue. The court's decision does not, however, amount to a final determination of any criminal wrongdoing by Raut.

The caste scrutiny committee had invalidated her certificate on jurisdictional grounds. Since the certificate was used to contest an OBC-reserved BMC seat, its invalidation puts Raut’s position as a corporator at risk.

Raut has maintained that she possesses documentary records supporting her caste claim and has disputed the basis of the scrutiny committee’s decision. She has also alleged that the action against her was politically motivated.

The latest High Court ruling is a setback for Raut, as the civic authorities can proceed with the next steps towards her possible disqualification from the BMC.