DIST. COLLECTOR SATARA & ANR. versus MANGESH NIVRUTTI KASHID

Citation: [2019] 15 S.C.R. 685 · Decided: 01-10-2019 · Supreme Court of India · Bench: SANJAY KISHAN KAUL · Disposal: Appeal(s) allowed

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Judgment (excerpt)

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DIST. COLLECTOR SATARA & ANR.
v.
MANGESH NIVRUTTI KASHID
(Civil Appeal No. 2723 of 2015)
OCTOBER  01, 2019
[SANJAY KISHAN KAUL AND K. M. JOSEPH, JJ.]
Maharashtra Scheduled Castes, Scheduled Tribes,
De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other
Backward Classes and Special Backward Category (Regulation of
Issuance and Verification of) Caste Certificate Act, 2000:
Notification dated 30.7.2011 issued by the Social Justice, Special
Assistance Department of the State of Maharashtra, in exercise of
powers under s.6(1) of Act of 2000 – In terms of the Notification,
35 district level committees were constituted to verify caste
certificates of candidates who wished to contest the elections to
local authorities – High Court quashed the said Notification with
direction that for both, the matters of constitution of the Committee
and operation of the Vigilance Cell, the directions in Kumari
Madhuri Patil* case have to be given full effect to – The original
certificates issued in pursuance of Government Resolution of
30.07.2011 were directed to be recovered from the respective
persons and destroyed forthwith – However, said judgment was
stayed and as a result  these certificates, issued under the said
circular, continued to hold the field and the process followed as
per the Act of 2000, read with the Rules of 2003 – On 31.8.2012,
Maharashtra Scheduled Castes, Scheduled Tribes, De-notified
Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes
and Special Backward Category (Regulation of Issuance and
Verification of) Caste Certificate Rules, 2012 were notified – Once
again, the discretion was left to the Scrutiny Committee to solicit a
report of  vigilance inquiry, not making it mandatory – The issue
pertained to the interregnum period between Notification issued
on 30.07.2011 and Rules notified on 31.08.2012 – Challenge was
to the Caste Validity Certificates granted to the candidates on the
ground that the said certificates were obtained by fraud, with a
prayer for direction to the Election Commission to reject the
   [2019] 15 S.C.R. 685
685
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SUPREME COURT REPORTS
[2019] 15 S.C.R.
nomination papers of such candidates – Held: Requirement of
verification of certificates by the Vigilance Cell was provided to
be mandatory in terms of judgment in Kumari Madhuri Patil* –
However, as implemented for the interregnum period in question,
the input from Vigilance Cell was obtained only selectively – Under
the Rules of 2012, the requirement was not made mandatory, but
whenever the Scrutiny Committee felt it could solicit a report of
vigilance inquiry and not in all cases – The exercise of issuance
of certificates cannot be a casual one – The Scrutiny Committee
constituted to issue the validity certificates must thus at the slightest
doubt take the assistance of the Vigilance Cell to ensure that non-
entitled persons do not get benefit at the cost of entitled persons
– The certificates in question were alleged to have been obtained
without vigilance reports and within a very short period of time –
The exercise carried out in the interregnum period between
30.7.2011 and 31.8.2012 clearly showed that no proper exercise
was carried out or could have been carried out given the time
frame within which the caste certificates were issued – Thus, the
exercise so undertaken cannot be upheld and has to be quashed
with the direction to carry out the said exercise afresh – It will be
for the Caste Scrutiny Committee to carry out the aforesaid exercise
while notifying the parties concerned through appropriate public
notices – These directions were to ensure the objectives of the Act
of 2000 i.e. issuance of certificates only to entitled persons,
through a proper exercise, with proper assistance from the Vigilance
Cell – Constitution of India – Art. 142 – Maharashtra Scheduled
Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis),
Nomadic Tribes, Other Backward Classes and Special Backward
Category (Regulation of Issuance and Verification of) Caste
Certificate Rules, 2012.
Constitution of India: Arts.141 and 142 – Guidelines/
Directions – Filling up the vaccum – In the absence of legislation
– Held: The purpose of any judicial legislation is to fill a vacuum
– It does not preclude legislators from enacting law – There is ample
power conferred by Art.32, read with Art.142 of the Constitution
to make orders which have the effect of law by virtue of Art.141
of the Constitution, by issuing direc

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