HC rejects ex-mayor Raut’s plea against disqualification over caste certificate

A division bench of justices Girish Kulkarni and Neela Gokhale rejected Raut’s plea, holding that her contentions were untenable

Mumbai: The Bombay High Court on Wednesday rejected Shiv Sena (UBT) corporator and former Mumbai mayor Vishakha Raut’s petition challenging her disqualification over an allegedly invalid caste certificate, paving the way for her rival, Shiv Sena’s Priya Sarvankar Gurav, to stake a claim to the high-profile ward 191, which covers Shivaji Park and Dadar West.

The high court’s decision is a setback for Vishakha Raut, a deputy leader of the Shiv Sena (UBT) and a former MLA considered close to the Thackeray family.

Following a complaint by Sarvankar Gurav, the District Caste Scrutiny Committee last month invalidated Raut’s Other Backward Classes (OBC) certificate, holding that the officer who had issued it did not have the jurisdiction to do so. Raut had narrowly defeated Sarvankar Gurav by 191 votes in the civic polls from the ward, which was reserved for OBC women.

The Brihanmumbai Municipal Corporation (BMC) commissioner, Ashwini Bhide, subsequently issued orders to unseat her and requested the Maharashtra government to issue a gazette notification declaring her ineligible to contest elections for six years.

Raut challenged the disqualification process in court, arguing she should have been given 90 days to appeal against the scrutiny committee’s decision. She also questioned the BMC commissioner’s authority to pass the disqualification order.

The high court’s decision is a setback for Raut, a deputy leader of the Shiv Sena (UBT) and a former MLA considered close to the Thackeray family.

“Raut’s caste certificate was declared invalid. The BMC is completing its procedure of declaring her election null and void. She had sought relief. The high court has said that the BMC action is justified, and the urban development department can complete its procedure,” said Sarvankar Gurav.

“The BMC has a rule that the runner-up can become a corporator in case the election of the corporator is termed invalid. I was defeated by 191 votes, and hence I will be the corporator,” she added.

However, Raut’s appeal against the caste scrutiny committee’s order is still pending before the Konkan divisional commissioner. While denying her relief, the high court said that Raut can seek an expeditious hearing before the divisional commissioner.

“I had appealed to the high court for a stay on the municipal commissioner’s order to disqualify me. The court rejected the plea. I am waiting for the Konkan divisional commissioner to expedite my hearing seeking relief,” said Raut.

The Sarvankar and Raut families have been political rivals in the Dadar-Mahim area. Sarvankar Gurav’s father, Sada Sarvankar, lost the Mahim assembly election to Shiv Sena (UBT) candidate Mahesh Sawant. Subsequently, his son Samadhan and daughter Priya also lost the civic polls from Dadar.

With inputs from PTI