Supreme Court Upholds Amravati MP Navneet Rana's Scheduled Caste Certificate, Sets Aside Bombay HC Judgment

In a major relief to Amravati MP Navneet Kaur Rana, who won 2019 Lok Sabha elections from a constituency reserved for Scheduled Castes, the Supreme Court on Thursday (April 4) reversed the judgment of the Bombay High Court which set aside her Scheduled Caste certificate.While pronouncing the verdict, the Bench of Justices JK Maheshwari and Sanjay Karol said that the Scrutiny Committee had validated Rana's caste certificate after due application of mind and on considering relevant documents. Further, all parties were heard and the principles of natural justice complied with. As such, High Court's interference with the Committee's findings was not merited.While allowing Rana's appeal and setting aside the High Court's judgment, the top Court restored the validation order passed by the Scrutiny Committee.To recap briefly, Rana had challenged a Bombay High Court judgment of 2021, where it was observed that she fraudulently obtained 'Mochi' caste certificate, even though records indicated that she belonged to the caste 'Sikh-Chamar'.Being of the view that the terms 'Chamar' and 'Sikh Chamar' are not synonymous, the High Court had said, "In our view, the terms 'Chamar' and 'Sikh Chamar' are not synonymous. The terms 'Sikh Chamar' is also not synonymous with the term 'Mochi' prescribed under entry 11 to the Schedule II to the Constitution of India (Scheduled Caste), Order 1950."It held that the Scrutiny Committee amended entry 11 of the Schedule II to the Constitution of India (Scheduled Caste), Order 1950 by reading the caste 'Sikh Chamar' in entry 11, which was not permissible.To quote the High Court judgment, "The Scrutiny Committee has no power to interpret any document contrary to the entries in the Schedule to the Constitution (Scheduled Castes) Order, 1950. If such interpretation of the Scrutiny Committee is found contrary to law, shows perversity and if a fraud is committed on the Constitution by an applicant, this Court has ample power and duty to interfere with such perverse and fraudulently obtained order and to set aside the same."The High Court was also of the view that Rana failed to discharge the burden of proof cast on her under Section 8 of the Caste Certificate Act read with Rules. This decision led to invalidation of the MP's election from a seat reserved for Scheduled Castes in Maharashtra.Aggrieved, she approached the Supreme Court contending that her forefathers belonged to the Sikh-Chamar caste, wherein 'Sikh' is a religious pre-fix and does not pertain to the caste. It was her case that she belongs to the caste 'Chamar'.In June, 2021, a vacation Bench of the top Court stayed the Bombay High Court's judgment cancelling Rana's caste certificate. Now, the appeal against the High Court judgment has been allowed.In the latest development, Rana, who was elected as an independent candidate from Amravati in 2019, has been given ticket by the Bhartiya Janta Party (BJP) to contest from Amravati in the 2024 Lok Sabha elections.For a detailed background, click here. The report on proceedings of last date of hearing can be read here.Senior Advocate Dhruv Mehta represented appellant-RanaAdvocate-on-Record Shadan Farasat appeared for respondent(s)Case Details: Navneet Kaur Harbhajansingh Kundles @ Navneet Kaur Ravi Rana v. The State of Maharashtra and Ors. | Civil Appeal No. 2741-2743/2024Citation : 2024 LiveLaw (SC) 278Click here to read the judgment

Supreme Court Upholds Amravati MP Navneet Rana's Scheduled Caste Certificate, Sets Aside Bombay HC Judgment

Debby Jain

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