Caste Claim Based On Fraudulent Caste Certificate Amounts To Constitutional Fraud: Bombay High Court
The Bombay High Court observed that making a caste claim by taking advantage of a caste certificate procured through fraudulent means amounts to a constitutional fraud.
The Petitioner contested the election for the post of Sarpanch, against whom a complaint was filed with the District Caste Scrutiny Committee and the caste claim of the Petitioner was invalidated.
The Division Bench of Justice A.S. Gadkari and Justice Kamal Khata observed, “In our view, the Petitioner has attempted to take undue advantage of a caste certificate procured through fraudulent means. Such conduct is wholly and brazenly inconsistent with the constitutional ethos and amounts to nothing short of a constitutional fraud. The Petitioner’s action strike at the very foundation of the affirmative action framework envisaged under the Constitution.”
Advocate C. G. Gavnekar represented the Petitioner, while Advocates Ramesh Dube Patil and M. P. Thakur represented the Respondents.
Case Brief
The Petitioner filed a Petition against the order of the District Caste Scrutiny Committee for invalidating the caste claim of the Petitioner. It was the contention of the Petitioner that the documentary evidence supporting Petitioner’s caste certificate was not properly appreciated.
However, the same was contested by the Respondents stating that the Petitioner has suppressed material facts and relied upon forged documents to obtain his caste certificate. It was also submitted that the Petitioner relied upon fabricated school leaving certificate to support his claim of belonging to Kunbi caste. The report of Headmaster of the School categorically states that the said certificate was not issued by the school and that the name of Petitioner’s father does not appear in the school admission Register.
Similarly, the caste validity certificate of the Petitioner’s cousin, which was also based on the same forged document and therefore cannot lend any support to the Petitioner’s case.
Court’s Reasoning
The Bombay High Court opined that the Petitioner did not approach the Court with clean hands and it is not open to a Party who seeks equity to play “hide and seek” or to “pick and choose” certain facts and to suppress and/or conceal other facts.
“In the present case the Petitioner’s conduct indicates an attempt to perpetrate a fraud on the Court. On that ground alone, the Petitioner is disentitled to any relief”, the Court observed.
The Bombay High Court imposed the exemplary costs of Rs.5,00,000/- on the Petition to be payable to the ‘Armed Forces Battle Casualties Welfare Fund’.
Accordingly, the Petition was dismissed.
Cause Title: Ashish Balaji Sawant V. Jalindar Tukaram Khaire (2025:BHC-AS:24475-DB)
Appearance:
Petitioner: Advocates C. G. Gavnekar, Rohit Parab, Prashant Raut
Respondent: Advocates Ramesh Dube Patil, Swaraj Patil, Iraa Dube Patil, Ankit Patil for Respondent No.1
Advocates M. P. Thakur, A.G.P. for Respondent Nos.2 to 5.
