Mohammad Salman vs State Of Chhattisgarh on 3 August, 2026

    0
    29
    ADVERTISEMENT

    Chattisgarh High Court

    Mohammad Salman vs State Of Chhattisgarh on 3 August, 2026

              Digitally signed
              by YOGESH
    YOGESH TIWARI
    TIWARI Date:
           2026.08.03
              18:04:46 +0530
    
    
    
    
                                                                      1
    
    
    
    
                                 CGHC010380242024                                  2026:CGHC:33378
    
    
                                                                                                    AFR
    
                                           HIGH COURT OF CHHATTISGARH AT BILASPUR
                                                     Order Reserved on : 07.07.2026
    
                                                     Order Delivered on : 03.08.2026
    
    
                                                          WPC No. 5555 of 2024
    
                                 Mohammad Salman S/o Mohammad Subhan Aged About 32 Years R/o
                                 Gandhi Chowk, Camp-2, Bhilai, Tehsil And District Durg, Chhattisgarh.
                                                                                               --- Petitioner
                                                                   Versus
                                 1 - State of Chhattisgarh, through Secretary, Department of Urban
                                 Administration and Development, Mantralay, Mahanadi Bhawan, Atal
                                 Nagar, Naya Raipur, District Raipur, Chhattisgarh.
                                 2 - Division Commissioner Durg, District Durg, Chhattisgarh
                                 3 - Municipal Corporation Through Commissioner, Bhilai, District Durg,
                                 Chhattisgarh.
                                 4 - Bhojram S/o Late Kushnaji Aged About 46 Years, Parshad, Ward
                                 No. 17, R/o Street No. 1, Paanch Rasta, Supela, Bhiali, Tehsil And
                                 District Bhilai, Chhattisgarh
                                 5 - Chandan Yadav S/o Late Shankar Lal Yadav Aged About 33 Years
                                 R/o Sharda Para, Camp-2, Bhilai, Tehsil And District Bhilai,
                                 Chhattisgarh.
                                 6 - Chhattisgarh State Election Commission, Through Secretary,
                                 Sector-19, Kotara Bhantha, Atal Nagar, Nava Raipur, District Raipur
                                 Chhattisgarh (Intervenors).
                                 7 - District Election Officer, Durg, District Durg Chhattisgarh.
                                                                                           --- Respondents

    2

    (Cause-title taken from Case Information System)
    For Petitioner : Mr. B.P. Singh and Mr. Roshan Singh
    Lamba, Advocates

    SPONSORED

    For State/Respondents : Mr. Rajkumar Gupta, Additional Advocate
    No.1 and 2 General

    For Respondent No.3 : Mr. Rajesh Kumar Kesharwani, Advocate

    For Respondents No.4 : Mr. Animesh Verma, Advocate
    and 5

    For Respondents No.6 : Mr. Ranbir Singh Marhas, Senior Advocate
    and 7 assisted by Ms. Shruti Bariar, Advocate

    WPC No. 1808 of 2025

    Chandan Yadav S/o Shankar Lal Yadav Aged About 34 Years R/o H.No.
    394, Kishan Chowk, Shardapara, Camp 2, Sector 1, Bhilai, District
    Durg, Chhattisgarh- 490026.

    —Petitioner
    Versus
    1 – State of Chhattisgarh Through The Secretary, Department of Urban
    Administration, Mahanadi Bhawan, Naya Raipur, Atal Nagar, Post
    Office Rakhi, District Raipur, Chhattisgarh.

    2 – Divisional Commissioner Division Durg, District Durg, Chhattisgarh.
    3 – Collector-Cum-District Election Officer District Durg, Chhattisgarh.
    4 – Municipal Corporation Bhilai through its Commissioner, Bhilai,
    District Durg, Chhattisgarh.

    5 – Shri Neeraj Pal Mayor, Municipal Corporation Bhilai, District Durg,
    Chhattisgarh.

    6 – Mohammad Salman alias Engineer Salman S/o Mohammad
    Subhan Aged About 32 Years R/o 115, Sharda Para, Naya Ward 35,
    Camp 2, Bhairaw Basti, Near Janta School, Bhilai, Tehsil And District
    Durg, Chhattisgarh.

    — Respondents
    3

    (Cause-title taken from Case Information System)
    For Petitioner : Mr. Animesh Verma, Advocate

    For State/Respondents : Mr. Rajkumar Gupta, Additional Advocate
    No.1 to 3 General
    For Respondent No.4 : Mr. Ranbir Singh Marhas, Senior Advocate
    assisted by Ms. Shruti Bariar, Advocate
    For Respondent No.6 : Mr. B.P. Singh and Mr. Roshan Singh
    Lamba, Advocates

    Hon’ble Shri Amitendra Kishore Prasad, Judge
    CAV Order

    1. Since both the writ petitions arise out of the same set of facts,

    involve an interconnected controversy, and raise common

    questions of law and facts, they are being heard together and are

    being decided by this common order. For the sake of convenience

    and clarity, the parties shall be referred to by their respective

    names instead of their array in the respective writ petitions.

    2. In Writ Petition (C) No.5555 of 2024, Mohammad Salman is the

    petitioner, whereas in Writ Petition (C) No.1808 of 2025, he has

    been arrayed as respondent No.6. Similarly, Chandan Yadav, who

    is the petitioner in Writ Petition (C) No.1808 of 2025, was arrayed

    as respondent No.5 in Writ Petition (C) No.5555 of 2024. The

    State authorities are common parties in both the writ petitions;

    however, their array differs in the respective petitions. In Writ

    Petition (C) No.5555 of 2024, the State of Chhattisgarh is arrayed

    through respondents No.1 and 2, whereas in Writ Petition (C)

    No.1808 of 2025, the State authorities have been arrayed as
    4

    respondents No.1 to 3. The Municipal Corporation, Durg, is

    respondent No.3 in Writ Petition (C) No.5555 of 2024. The State

    Election Commission has been impleaded as respondents No.6

    and 7 in Writ Petition (C) No.5555 of 2024 and as respondent

    No.4 in Writ Petition (C) No.1808 of 2025.

    3. The controversy involved in the present writ petitions centres

    around the election to the office of Councillor of Ward No. 35,

    Sharda Para, Bhilai Municipal Corporation, District Durg (C.G.),

    and the subsequent proceedings culminating in the removal of the

    returned candidate, Mohammad Salman, on the allegation that

    the Social Status (Other Backward Class) Certificate on the

    strength of which he contested the election was fraudulently

    procured and had never been issued by the competent authority.

    4. The controversy involved in the present writ petitions pertains to

    the election to the office of Councillor of Ward No.35, Sharda

    Para, Bhilai Municipal Corporation, District Durg (C.G.).

    Mohammad Salman, being a citizen of India, participated in the

    said democratic process and contested the election for the post of

    Councillor from the aforesaid ward, claiming himself to belong to

    the Kunjda caste, which is recognized as a caste falling under the

    category of Other Backward Class (OBC). On the basis of the

    said caste status and eligibility, Mohammad Salman contested the

    election and was declared elected by the voters of Ward No.35.

    The subsequent challenge to his caste status, the proceedings
    5

    initiated pursuant thereto, and the consequential actions taken by

    the authorities constitute the subject matter of the present

    litigation. After participating in the democratic process,

    Mohammad Salman was declared elected by the electorate and

    assumed the office of Councillor of Ward No.35. He thereafter

    continued to discharge his duties and functions as an elected

    representative.

    5. Subsequently, an objection was raised by Chandan Yadav and

    another person before the competent authority challenging the

    entitlement of Mohammad Salman to hold the office of Councillor.

    It was alleged by them that Mohammad Salman did not actually

    belong to the Kunjda caste and that the caste certificate relied

    upon by him for contesting the election had been obtained

    fraudulently and by misrepresentation of facts. On the basis of the

    said complaint/appeal, proceedings were initiated against

    Mohammad Salman before the competent authority for verification

    of his caste status of the complaint made against him.

    6. After completion of the proceedings, the competent authority, vide

    order dated 06.05.2024, directed removal of Mohammad Salman

    from the post of Councillor of Ward No.35. Aggrieved by the said

    order, Mohammad Salman preferred an appeal before the

    competent appellate authority. However, the said appeal was

    dismissed vide order dated 04.09.2024, thereby affirming the

    order dated 06.05.2024 passed by the competent authority. The
    6

    challenge to the aforesaid orders dated 06.05.2024 and

    04.09.2024 forms the subject matter of Writ Petition (C) No.5555

    of 2024, filed by Mohammad Salman.

    7. During the pendency of the aforesaid controversy, Chandan

    Yadav, who had raised the dispute regarding the election and

    caste status of Mohammad Salman, approached this Court by

    filing Writ Petition (C) No.1808 of 2025. The grievance raised by

    Chandan Yadav in the said writ petition is that despite his being

    declared as the returned candidate in the election process and

    despite the removal of Mohammad Salman from the office of

    Councillor, the authorities have failed to conduct and permit the

    oath-taking ceremony of Chandan Yadav as Councillor of Ward

    No.35, Sharda Para, Bhilai Municipal Corporation.

    8. Chandan Yadav has contended that after completion of the

    election process, he was declared elected in accordance with law

    and his name was duly notified in the official Gazette. According

    to him, the mandate given by the voters through a democratic

    election process cannot be defeated by the inaction of the

    authorities. He has further challenged the action of the

    respondents in issuing the communication/order dated

    18.03.2025, whereby Mohammad Salman, despite having been

    removed from the post of Councillor, was nominated as a member

    of the Mayor-in-Council. According to Chandan Yadav, such action

    of the authorities is arbitrary, illegal, contrary to the statutory
    7

    scheme, and amounts to permitting a person who has ceased to

    hold the office of Councillor to continue enjoying the benefits and

    privileges attached to the said office.

    9. Thus, while Mohammad Salman, in Writ Petition (C) No.5555 of

    2024, has questioned the legality and validity of the orders dated

    06.05.2024 and 04.09.2024 whereby he was removed from the

    office of Councillor, Chandan Yadav, in Writ Petition (C) No.1808

    of 2025, has questioned the subsequent inaction of the authorities

    in recognizing and administering oath to him as the elected

    Councillor and has also challenged the consequential action of

    permitting Mohammad Salman to continue as a member of the

    Mayor-in-Council.

    10. Both the writ petitions, therefore, arise from the same election

    dispute concerning Ward No.35, Sharda Para, Bhilai Municipal

    Corporation, involve the same set of parties, and the reliefs

    claimed by the parties are directly connected with each other. The

    decision in one petition would have a direct bearing upon the

    adjudication of the other. Accordingly, both the writ petitions are

    clubbed together and are being decided by this common order.

    11. In Writ Petition (C) No.5555 of 2024, the petitioner has prayed for

    following relief(s) :-

    “10.1 That this Hon’ble Court may kindly be
    pleased to quash the order dated 04/09/2024
    (ANNXURE P1) and Order dated 06/05/2024
    8

    (ANNEXURE P2) passed by the respondent
    no. 1 and 2 against the petitioner.

    10.2 That any other relief which this Hon’ble
    Court deems fit and proper may also be
    granted in favor of the petitioner safeguarding
    their interest.”

    12. In Writ Petition (C) No.1808 of 2025, the petitioner has prayed for

    following relief(s) :-

    “10.1 That, this Hon’ble Court may kindly be
    pleased to issue an appropriate writ, order,
    direction thereby calling for the records of the
    entire case.

    10.2 That, this Hon’ble Court may kindly be
    pleased to issue an appropriate writ, order,
    direction in the form of mandamus thereby
    directing the respondents to immediately
    arrange for oath taking ceremony of the
    petitioner for taking oath as Councillor of
    Ward No.35, Shardapara Ward of Bhilai
    Municipal Corporation, District Durg (C.G.).

    OR ALTERNATIVELY

    That, this Hon’ble Court may kindly be
    pleased to issue an appropriate writ, order,
    direction thereby directing the respondents to
    take decision on the representation of the
    petitioner for taking oath dated 13/03/2025
    within stipulated period.

    10.3 That, this Hon’ble Court may kindly be
    pleased to issue an appropriate writ, order,
    9

    direction in the form of certiorarified
    mandamus thereby quashing and setting
    aside the letter dated 18/03/2025 and further
    directing the respondents to permit joining of
    the private respondent as Councillor of Ward
    No.35, Shardapara Ward Bhilai Municipal
    Corporation, District Durg (C.G.).

    10.4 Any other relief, which this Hon’ble Court
    deems fit and proper, may also kindly be
    granted to the petitioner, in the interest of
    justice.”

    Common Facts of Writ Petition (C) No.5555 of 2024 and Writ

    Petition (C) No.1808 of 2025

    13. The facts, in brief, are that the Municipal Corporation, Bhilai

    consists of elected Councillors and is governed by the provisions

    of the Chhattisgarh Municipal Corporation Act, 1956 (for short,

    ‘Act of 1956’). In exercise of the powers conferred under the

    relevant provisions of the Act and the rules framed thereunder, the

    State Government issued a Gazette Notification dated

    22.03.2021, notifying the ward-wise reservation for the election of

    Councillors of Municipal Corporation, Bhilai. As per the said

    notification, Ward No.35, Sharda Para Ward, was reserved for

    candidates belonging to the Other Backward Class category.

    14. Pursuant to the election programme, Mohammad Salman, also

    known as Engineer Salman, submitted his nomination form for

    contesting the election to the post of Councillor from Ward No.35,
    10

    Sharda Para, on 02.12.2021 along with the requisite documents.

    In his declaration submitted along with the nomination form,

    Mohammad Salman claimed himself to be belonging to the Other

    Backward Class category, namely Kunjda caste. Chandan Yadav

    also submitted his nomination form for contesting the said election

    from the same ward.

    15. After completion of the election process and declaration of results,

    Mohammad Salman was declared as the returned candidate for

    Ward No.35, Sharda Para, and his election was notified in the

    official Gazette dated 24.12.2021. Thereafter, he joined as

    Councillor and continued to discharge his duties as an elected

    representative. Chandan Yadav was declared as the candidate

    securing the second highest number of votes, immediately next to

    Mohammad Salman.

    16. Subsequently, allegations were raised against Mohammad

    Salman regarding his caste status. It was alleged that although

    Ward No.35 was reserved for Other Backward Class candidates,

    Mohammad Salman did not possess a valid caste certificate

    issued by the competent authority and, therefore, was not eligible

    to contest and hold the office of Councillor from the said reserved

    category. On the basis of such allegations, Chandan Yadav and

    others initiated proceedings seeking removal of Mohammad

    Salman from the office of Councillor under the provisions of the

    Act of 1956.

    11

    17. As no effective action was taken on the representation/application

    filed by Chandan Yadav, he approached this Court by filing Writ

    Petition (C) No.1015 of 2024. This Court, vide order dated

    19.02.2024, directed the Divisional Commissioner, Durg, to

    consider and decide the proceedings initiated under Section 19(1)

    (a-1) of the Act of 1956 within a stipulated period. The said order

    was subsequently challenged by Mohammad Salman by filing

    Review Petition No.78 of 2024, however, the same was dismissed

    vide order dated 25.04.2024, and the proceedings before the

    Divisional Commissioner were permitted to continue.

    18. During the pendency of the proceedings before the Divisional

    Commissioner, Durg, Mohammad Salman also approached this

    Court by filing Writ Petition (C) No.1309 of 2024, questioning the

    initiation and continuance of proceedings under Section 19(1)(a-1)

    of the Act of 1956. However, the said writ petition was disposed of

    by order dated 05.03.2024, and thereafter the review petition and

    writ appeal preferred against the said order were also

    dismissed/withdrawn.

    19. Thereafter, the Divisional Commissioner, Durg proceeded with the

    matter, recorded the statements and affidavits of the respective

    parties, and after hearing both sides, passed an order dated

    06.05.2024, whereby the application preferred by Chandan Yadav

    and others was allowed and Mohammad Salman was removed

    from the post of Councillor of Ward No.35, Sharda Para, Bhilai
    12

    Municipal Corporation.

    20. Aggrieved by the aforesaid order of removal, Mohammad Salman

    approached this Court by filing Writ Petition (C) No.2642 of 2024.

    However, this Court, vide order dated 11.06.2024, declined to

    interfere with the order passed by the Divisional Commissioner

    and granted liberty to Mohammad Salman to avail the statutory

    remedy of appeal before the competent authority.

    21. Pursuant thereto, Mohammad Salman preferred an appeal before

    the competent appellate authority. After considering the rival

    submissions and material available on record, the appellate

    authority, vide order dated 04.09.2024, dismissed the appeal

    preferred by Mohammad Salman and affirmed the order of

    removal passed by the Divisional Commissioner. The appellate

    authority recorded that Mohammad Salman failed to establish his

    entitlement to contest the election from the reserved category and

    also failed to produce a valid caste certificate issued under the

    provisions of the Chhattisgarh Scheduled Castes, Scheduled

    Tribes and Other Backward Classes (Regulation of Social Status

    Certification) Act, 2013 (for short, ‘Act of 2013’).

    22. The aforesaid orders dated 06.05.2024 and 04.09.2024 have

    been challenged by Mohammad Salman in Writ Petition (C)

    No.5555 of 2024, wherein he has questioned the legality, validity

    and correctness of the proceedings resulting in his removal from

    the post of Councillor.

    13

    23. After removal of Mohammad Salman, the office of Councillor of

    Ward No.35, Sharda Para, fell vacant. The vacancy was

    thereafter communicated to the State Election Commission, which

    issued an election programme for filling up the vacant post of

    Councillor in accordance with Article 243 of the Constitution of

    India and Section 14(1) of the Act of 1956. Pursuant to the

    election notification dated 20.01.2025, the election process was

    initiated for Ward No.35.

    24. In the said election process, Chandan Yadav submitted his

    nomination form and participated in the election. He was declared

    elected by the Returning Officer, and an election certificate in

    Form-14 under Rule 39(1) of the Chhattisgarh Municipal

    Corporation Rules, 1994 (for short, ‘Rules of 1994’), dated

    31.01.2025, was issued in his favour declaring him as the elected

    Councillor of Ward No.35, Sharda Para. The election of Chandan

    Yadav was thereafter notified by the State Election Commission

    through Gazette Notification dated 24.02.2025.

    25. However, despite being declared elected and his election having

    been notified in the official Gazette, Chandan Yadav was not

    permitted to take oath and assume charge as Councillor of Ward

    No.35. According to Chandan Yadav, such inaction on the part of

    the authorities has resulted in denial of the mandate given by the

    electorate and has prevented him from discharging his

    constitutional and statutory duties as an elected representative.
    14

    26. It is also the grievance of Chandan Yadav that during the

    pendency of the proceedings, Mohammad Salman, after

    challenging his removal, obtained interim protection in Writ

    Petition (C) No.5555 of 2024. However, upon the Court being

    apprised of the subsequent election process and the constitutional

    bar contained under Article 243-ZG of the Constitution of India, it

    was clarified that the interim order would operate only in respect

    of the benefits claimed by Mohammad Salman on the basis of

    OBC status and would not affect the election process.

    27. Chandan Yadav has further challenged the subsequent action

    whereby, despite removal of Mohammad Salman from the post of

    Councillor and withdrawal of all charges and responsibilities from

    him, the Mayor of the Municipal Corporation, vide communication

    dated 18.03.2025, nominated Mohammad Salman as an in-

    charge member of the Culture, Tourism, Entertainment and

    Heritage Production Department under the Mayor-in-Council.

    According to Chandan Yadav, such nomination is contrary to

    Section 37 of the Act of 1956, as members of the Mayor-in-

    Council can only be nominated from amongst elected Councillors.

    28. Thus, while Mohammad Salman, in Writ Petition (C) No.5555 of

    2024, has questioned the orders dated 06.05.2024 and

    04.09.2024 whereby he was removed from the post of Councillor,

    Chandan Yadav, in Writ Petition (C) No.1808 of 2025, has sought

    enforcement of his rights as an elected Councillor and has
    15

    challenged the failure of the authorities to administer oath to him

    as well as the consequential nomination of Mohammad Salman in

    the Mayor-in-Council despite his removal.

    Submissions on behalf of Mohammad Salman (Petitioner in W.P.

    (C) No.5555/2024 and Respondent No.6 in W.P.(C) No.1808/2025)

    29. Mr. B.P. Singh and Mr. Roshan Singh Lamba, learned counsel

    appearing for Mohammad Salman, the petitioner in Writ Petition

    (C) No.5555 of 2024 and respondent No.6 in Writ Petition (C)

    No.1808 of 2025, would submit that the entire controversy in the

    present batch of writ petitions arises out of the election held for

    the post of Councillor of Ward No.35, Sharda Para, Bhilai

    Municipal Corporation, District Durg (C.G.), which was reserved

    for candidates belonging to the Other Backward Class (OBC)

    category. It is submitted that Mohammad Salman, who belongs to

    the Kunjda caste, a community recognized as falling within the

    OBC category, contested the election from the said reserved ward

    after due verification of all requisite documents by the competent

    election authorities and was duly declared elected by the

    electorate. It is submitted that his election was conducted strictly

    in accordance with law and after scrutiny of his nomination

    papers, including the documents relating to his caste status.

    Therefore, there was no occasion for any subsequent authority to

    question his eligibility to contest the election merely on the basis

    of vague and unsubstantiated allegations. They would further
    16

    submit that Mohammad Salman has been a resident of Bhilai,

    District Durg, Chhattisgarh, and belongs to the Kunjda caste. The

    said caste has been recognized as an Other Backward Class

    community under the applicable Government notifications. It is

    submitted that Mohammad Salman has never attempted to obtain

    any undue benefit by creating a false caste identity, as there was

    no occasion for him to do so. It is argued that a person belonging

    to the Kunjda caste would have no reason whatsoever to fabricate

    a caste certificate of the same caste, particularly when his caste

    status is consistently reflected in his educational and other

    contemporaneous documents.

    30. Learned counsel would submit that the caste claim of Mohammad

    Salman is not based on any recent declaration made only for the

    purpose of contesting the election. It is submitted that the school

    records and other documents pertaining to Mohammad Salman

    clearly mention his caste as Kunjda. Thus, the allegation levelled

    by the private respondents that Mohammad Salman has

    fraudulently projected himself as belonging to the Kunjda caste is

    wholly baseless and contrary to the documentary evidence

    available on record. It is further submitted that Mohammad

    Salman was elected as Councillor of Ward No.35, Sharda Para in

    the year 2021, and at the relevant point of time there was no

    objection raised by any person regarding his caste status. His

    nomination papers were accepted only after scrutiny by the

    Returning Officer and the competent election authorities. Learned
    17

    counsel would submit that had there been any defect or alleged

    invalidity in the caste certificate produced by Mohammad Salman,

    his nomination itself would have been rejected at the initial stage

    and he would not have been permitted to contest the election.

    31. Learned counsel would contend that after Mohammad Salman

    successfully completed his tenure as an elected Councillor for a

    substantial period, the private respondents, who were

    unsuccessful candidates in the election, initiated proceedings

    after an unexplained delay of nearly three years. It is submitted

    that such proceedings are nothing but an abuse of the process of

    law, initiated with an ulterior motive to remove an elected

    representative after losing the democratic mandate. The

    challenge raised by the private respondents is not based upon

    any genuine grievance but is motivated by personal rivalry and

    political considerations. It is further submitted that the proceedings

    initiated against Mohammad Salman before the Divisional

    Commissioner were wholly without jurisdiction. Learned counsel

    would submit that the issue relating to validity, genuineness and

    cancellation of a caste certificate is governed by the provisions of

    the Act of 2013 and the Rules framed thereunder. Under the

    statutory scheme, only the competent Caste Scrutiny Committee

    is empowered to examine the correctness of a social status

    certificate and to declare the same to be false or invalid after

    following the prescribed procedure. The Divisional Commissioner,

    while exercising powers under the Act of 1956 could not have
    18

    assumed the role of a Caste Scrutiny Committee and could not

    have adjudicated upon the caste status of Mohammad Salman.

    32. Learned counsel would submit that under Section 6(3) of the Act

    of 2013, the District Level Certificate Verification Committee is

    required to examine the relevant material and thereafter refer the

    matter to the High Power Certification Scrutiny Committee

    wherever necessary. Unless the caste certificate is cancelled by

    the competent Scrutiny Committee, the same continues to hold

    validity and the holder of such certificate cannot be treated as

    disqualified. It is submitted that, in the present case, the caste

    certificate of Mohammad Salman has never been cancelled by the

    District Level Verification Committee or by the High Power Caste

    Scrutiny Committee. Therefore, the very foundation of the

    proceedings initiated by the Divisional Commissioner is legally

    unsustainable. Learned counsel would submit that the Divisional

    Commissioner has proceeded on an erroneous assumption of

    jurisdiction and has passed the order of removal without there

    being any declaration by the competent authority that Mohammad

    Salman does not belong to the OBC category.

    33. Learned counsel would further submit that Section 19(1)(a-1) of

    the Act of 1956, which empowers removal of a Councillor in

    certain circumstances, can be invoked only when it is established

    that the Councillor has incurred disqualification in accordance with

    law. The expression “if it is found that” occurring in the said
    19

    provision necessarily requires a prior lawful determination by the

    competent authority regarding the alleged disqualification. In the

    absence of any order passed by the Caste Scrutiny Committee

    declaring the caste certificate of Mohammad Salman to be false,

    the Divisional Commissioner had no authority to remove him from

    the elected office of Councillor. They would submit that the

    impugned orders dated 06.05.2024 passed by the Divisional

    Commissioner and 04.09.2024 passed by the appellate authority

    are therefore liable to be set aside as being without jurisdiction,

    contrary to the statutory provisions and violative of the principles

    of natural justice. The authorities have failed to appreciate that the

    caste dispute could not have been decided in proceedings relating

    to removal of a Councillor and that such determination falls

    exclusively within the domain of the Caste Scrutiny Committee. It

    is further submitted that the election of Mohammad Salman could

    not have been questioned by filing proceedings before the

    Divisional Commissioner after expiry of the prescribed period.

    Learned counsel would submit that the Constitution of India,

    under Article 243-ZG of the Constitution of India, creates a

    specific bar against interference by Courts or authorities in

    electoral matters except through the mechanism of an election

    petition. The validity of an election to a Municipality can only be

    challenged before the competent Election Tribunal in the manner

    prescribed by law.

    34. In this regard, learned counsel has placed reliance upon the
    20

    judgment of the Hon’ble Division Bench of this Court in Babita

    Balmiki Vs. Amrika Bai & Others, reported in 2017 (1) CGLJ

    603, and submitted that the issue regarding qualification or

    disqualification of an elected candidate, including whether such

    candidate belongs to the reserved category for which the seat

    was notified, can only be examined by the Election Tribunal in an

    election petition.

    35. Learned counsel would submit that the private respondents

    neither challenged the election of Mohammad Salman by filing an

    election petition under Section 441 of the Act of 1956, nor

    approached the competent Election Tribunal within the prescribed

    period of limitation. Instead, after a delay of nearly three years,

    they initiated proceedings before the Divisional Commissioner,

    which was impermissible in law. They would further submit that

    the reliance placed by the private respondents on certain alleged

    discrepancies in the records maintained by the revenue

    authorities is wholly misplaced. It is argued that Mohammad

    Salman cannot be held responsible for any alleged mistake or

    discrepancy in the official records maintained by the revenue

    department. The burden cannot be shifted upon the elected

    Councillor for any alleged administrative error committed by the

    authorities maintaining such records. It is also submitted that the

    caste documents produced by Mohammad Salman and his

    ancestors clearly demonstrate that the caste of his family has

    consistently been recorded as Kunjda. Several documents
    21

    pertaining to his father, grandfather and forefathers, including old

    documents dating back decades, reflect the same caste status.

    Therefore, there was no basis to conclude that the caste

    certificate obtained by Mohammad Salman was fabricated or

    forged.

    36. Learned counsel would further submit that the subsequent

    developments during the pendency of Writ Petition (C) No.5555 of

    2024 are also relevant. This Court, after hearing all the parties,

    including Chandan Yadav, passed an interim order dated

    28.01.2025 staying the operation and effect of the orders dated

    06.05.2024 and 04.09.2024 whereby Mohammad Salman had

    been removed from the post of Councillor. Pursuant thereto,

    Mohammad Salman resumed his duties as Councillor of Ward

    No.35. It is submitted that after restoration of the status of

    Mohammad Salman as Councillor pursuant to the interim order

    passed by this Court, the election process initiated for filling up

    the said seat could not have been proceeded with. The authorities

    themselves acknowledged the effect of the interim order and

    stayed the election process. Therefore, Chandan Yadav cannot

    seek a direction for oath-taking as Councillor when Mohammad

    Salman continues to hold the office by virtue of the interim

    protection granted by this Court.

    37. Learned counsel would submit that permitting Chandan Yadav to

    take oath as Councillor would result in a situation where two
    22

    persons would simultaneously claim the office of Councillor for the

    same ward, which is legally impermissible. Any such direction

    would virtually nullify the interim order passed by this Court in Writ

    Petition (C) No.5555 of 2024. It is further submitted that the

    subsequent nomination of Mohammad Salman as a member of

    the Mayor-in-Council was made only after he resumed the office

    of Councillor and was legally holding the said office. Therefore,

    the challenge raised by Chandan Yadav to the said nomination is

    misconceived and based upon an incorrect assumption that

    Mohammad Salman had ceased to be a Councillor.

    38. Learned counsel would lastly submit that Chandan Yadav has not

    approached this Court with clean hands and has deliberately

    suppressed the material facts relating to the interim order dated

    28.01.2025 passed in Writ Petition (C) No.5555 of 2024 and the

    subsequent proceedings. It is submitted that the writ petition filed

    by Chandan Yadav is nothing but an attempt to indirectly nullify

    the orders passed by this Court and to secure a relief which would

    defeat the interim protection granted to Mohammad Salman.

    Therefore, learned counsel prays that Writ Petition (C) No.5555 of

    2024 filed by Mohammad Salman be allowed and the orders

    dated 06.05.2024 and 04.09.2024 be quashed, and consequently

    Writ Petition (C) No.1808 of 2025 filed by Chandan Yadav be

    dismissed as being devoid of merit and contrary to the settled

    legal position.

    23

    Submissions on behalf of the State/Respondents No.1 to 2 in W.P.

    (C) No.5555 of 2024 and Respondents No.1 to 3 in W.P.(C) No.1808

    of 2025

    39. On the other hand, Mr. Rajkumar Gupta, learned Additional

    Advocate General, appearing on behalf of the State

    authorities/respondents No.1 and 2 in Writ Petition (C) No.5555 of

    2024 and respondents No.1 to 3 in Writ Petition (C) No.1808 of

    2025, would submit that the writ petitions preferred by the

    respective petitioners are devoid of merit and no interference

    under Article 226 of the Constitution of India is warranted in the

    facts and circumstances of the present case. He would submit

    that the present controversy has arisen out of the election

    conducted for the post of Councillor of Ward No.35, Sharda Para,

    Bhilai Municipal Corporation, which was reserved for the

    candidates belonging to the Other Backward Class category. It is

    submitted that Mohammad Salman contested the election from

    the said reserved ward claiming himself to belong to the Kunjda

    caste, which falls under the OBC category, and was declared

    elected as Councillor. However, subsequently, a complaint was

    made before the competent authority raising serious objections

    regarding his caste status and alleging that he was not entitled to

    contest the election from the reserved category.

    40. Learned Additional Advocate General would submit that the

    proceedings initiated against Mohammad Salman were not
    24

    initiated arbitrarily or without authority of law. The same were

    commenced on the basis of the complaint made by the aggrieved

    persons and were conducted by the competent authority in

    exercise of the powers conferred under the provisions of the Act

    of 1956. It is submitted that the Divisional Commissioner, Durg,

    after providing adequate and sufficient opportunity of hearing to all

    concerned parties, considered the material available on record

    and thereafter passed a detailed order dated 06.05.2024,

    whereby Mohammad Salman was removed from the post of

    Councillor. It is further submitted that the order passed by the

    Divisional Commissioner was challenged by Mohammad Salman

    before the competent appellate authority and the said appeal was

    also considered in accordance with law. After examining the entire

    material available on record, the appellate authority, vide order

    dated 04.09.2024, dismissed the appeal and affirmed the order

    passed by the Divisional Commissioner. Therefore, according to

    the learned Additional Advocate General, both the orders

    impugned in Writ Petition (C) No.5555 of 2024 are well-reasoned

    quasi-judicial orders passed after due consideration of the

    relevant facts and applicable statutory provisions.

    41. Learned Additional Advocate General would submit that the scope

    of interference under Article 226 of the Constitution of India

    against an order passed by a quasi-judicial authority is limited.

    Unless the petitioner demonstrates patent illegality, jurisdictional

    error, violation of principles of natural justice, or perversity in the
    25

    decision-making process, this Court would not substitute its own

    view in place of the findings recorded by the competent

    authorities. It is submitted that Mohammad Salman was granted

    adequate opportunity during the proceedings before the Divisional

    Commissioner as well as the appellate authority. All relevant

    documents relied upon by him were taken into consideration and

    he was permitted to place his defence. Therefore, the allegation

    that the proceedings were conducted in violation of the principles

    of natural justice is wholly misconceived. The authorities have

    followed the procedure prescribed under law and have passed the

    orders after affording full opportunity of hearing to the petitioner.

    42. Learned Additional Advocate General would further submit that

    Mohammad Salman, while invoking the extraordinary jurisdiction

    of this Court, has not approached with clean hands and has

    suppressed material facts. It is submitted that a person seeking

    equitable relief under Article 226 of the Constitution of India must

    disclose all relevant facts and cannot seek discretionary relief

    while withholding material information from the Court. It is

    submitted that the order passed by the State

    Government/appellate authority dated 04.09.2024 was passed

    after considering the entire factual background, including the fact

    that Mohammad Salman failed to establish his entitlement to hold

    the reserved post of Councillor. The appellate authority found that

    there was no valid caste certificate produced by Mohammad

    Salman which could establish his entitlement to contest the
    26

    election from the OBC reserved category.

    43. Learned Additional Advocate General would submit that the

    contention raised by Mohammad Salman regarding the

    jurisdiction of the Divisional Commissioner is misconceived. It is

    submitted that the proceedings were not merely relating to

    verification of caste status but were proceedings under the

    provisions of the Act of 1956 concerning the continuance of an

    elected Councillor who was alleged to have incurred

    disqualification. The competent authority was therefore justified in

    examining whether Mohammad Salman was legally entitled to

    continue on the post of Councillor. It is further submitted that the

    argument regarding the necessity of reference of the matter to the

    High Power Caste Scrutiny Committee is also misconceived in the

    present proceedings. According to the learned Additional

    Advocate General, the authorities were required to examine

    whether Mohammad Salman possessed the necessary

    qualification and eligibility for holding the office of Councillor from

    the reserved category, and after considering the material available

    on record, the competent authorities rightly arrived at the

    conclusion that he was not entitled to continue.

    44. Learned Additional Advocate General would submit that the

    subsequent events are also required to be taken into

    consideration while deciding both the writ petitions. It is submitted

    that after removal of Mohammad Salman from the post of
    27

    Councillor, the post of Councillor of Ward No.35 became vacant.

    Consequently, the vacancy was communicated to the State

    Election Commission, which initiated the process of by-election for

    filling up the vacant seat. It is submitted that pursuant to the

    election notification issued by the Chhattisgarh State Election

    Commission, Chandan Yadav participated in the election process

    and was declared elected as Councillor of Ward No.35, Sharda

    Para, Bhilai Municipal Corporation. His election was duly notified

    by the State Election Commission through Gazette Notification

    dated 24.02.2025. Therefore, according to the learned Additional

    Advocate General, the grievance raised by Chandan Yadav in

    Writ Petition (C) No.1808 of 2025 has arisen out of subsequent

    developments and deserves to be considered in that background.

    45. Learned Additional Advocate General would submit that Writ

    Petition (C) No.1808 of 2025 filed by Chandan Yadav has become

    infructuous in view of the subsequent order dated 28.01.2025

    passed in Writ Petition (C) No.5555 of 2024, whereby this Court

    stayed the effect and operation of the orders dated 06.05.2024

    and 04.09.2024 passed against Mohammad Salman. It is

    submitted that the said interim order was passed without the

    complete factual position regarding the initiation of the by-election

    process being brought to the notice of the Court. It is submitted

    that the interim order dated 28.01.2025 was passed purely as an

    interim measure and the same cannot be construed as conferring

    any final right upon Mohammad Salman to continue as Councillor.
    28

    The validity and effect of the said interim order would be subject

    to the final adjudication of Writ Petition (C) No.5555 of 2024.

    46. Learned Additional Advocate General would further submit that in

    view of the interim protection granted to Mohammad Salman, the

    authorities were placed in a difficult situation as the election

    process had already commenced pursuant to the vacancy caused

    by his removal. The subsequent election notification and

    declaration of result in favour of Chandan Yadav were statutory

    acts performed in accordance with law. It is submitted that the

    constitutional scheme under Article 243-ZG of the Constitution of

    India provides a specific mechanism for challenging municipal

    elections and the Court may consider the effect of such

    constitutional provisions while examining the reliefs claimed by

    the parties.

    47. Learned Additional Advocate General would submit that so far as

    the challenge raised by Chandan Yadav regarding the oath-taking

    ceremony is concerned, the same cannot be considered in

    isolation and has to be examined in the light of the interim order

    passed by this Court in Writ Petition (C) No.5555 of 2024. Any

    direction permitting Chandan Yadav to take oath would have the

    effect of rendering the interim order passed in favour of

    Mohammad Salman ineffective, which cannot be permitted unless

    the interim order itself is modified or vacated. It is further

    submitted that the nomination of Mohammad Salman as a
    29

    member of the Mayor-in-Council was a consequential

    administrative action taken on the basis of the then existing status

    and position of Mohammad Salman. Since the order of removal

    had been stayed by this Court, Mohammad Salman was treated

    as continuing in office, and therefore, no illegality can be

    attributed to the action of the authorities.

    48. Learned Additional Advocate General would lastly submit that both

    the writ petitions deserve to be considered in the light of the

    subsequent developments and the statutory framework governing

    municipal elections. It is prayed that Writ Petition (C) No.5555 of

    2024 filed by Mohammad Salman be dismissed as no

    jurisdictional error or illegality has been demonstrated in the

    orders passed by the competent authorities, and consequently,

    Writ Petition (C) No.1808 of 2025 filed by Chandan Yadav also

    does not call for any interference. Alternatively, the matters may

    be decided keeping in view the interim order passed by this Court

    and the subsequent election process undertaken by the State

    Election Commission.

    Submission on behalf of Municipal Corporation, Bhilai

    Respondent No.3 in W.P.(C) No.5555/2024

    49. Mr. Rajesh Kumar Kesharwani, learned counsel appearing for

    respondent No.3/Municipal Corporation, Bhilai, would submit that

    the Municipal Corporation, Bhilai is only a formal party in the

    present proceedings and no substantive relief has been claimed
    30

    against it by the petitioner. Learned counsel would submit that the

    grievance raised by the petitioner is essentially against the actions

    and orders passed by respondent Nos.1 and 2/State authorities,

    and the answering respondent-Municipal Corporation has neither

    passed any order adverse to the petitioner nor taken any

    independent action against him. It is further submitted that the

    Municipal Corporation, Bhilai is an autonomous statutory body

    having its own independent identity and functions within the

    framework of the Act of 1956. Since no relief has been sought

    against the answering respondent and no specific allegation has

    been made against it, the Municipal Corporation has chosen not

    to file any detailed reply.

    Submissions on behalf of the Respondents No.4- Bhojram and

    Respondent No.5-Chandan Yadav in W.P.(C) No.5555 of 2024 and

    Petitioner-Chandan Yadav in W.P.(C) No.1808 of 2025

    50. Mr. Animesh Verma, learned counsel appearing for respondent

    Nos. 4 and 5 in Writ Petition (C) No.5555/2024 and petitioner in

    Writ Petition (C) No.1808/2025, would submit that the controversy

    involved in the present batch of writ petitions is required to be

    examined from two perspectives. Firstly, the legality of the

    removal of the private respondent from the post of Councillor of

    Ward No.35, Sharda Para, Municipal Corporation Bhilai, and

    secondly, the consequential right of the petitioner, who has been

    duly elected in the by-election conducted pursuant to the vacancy
    31

    created thereafter, to assume office and discharge his duties as

    Councillor. He submits that the petitioner in Writ Petition (C)

    No.1808/2025 has been elected after following the complete

    statutory procedure prescribed under the Act of 1956 and the

    election programme notified by the Chhattisgarh State Election

    Commission. The election was conducted under the supervision

    and control of the State Election Commission, and thereafter, the

    petitioner was declared elected as Councillor of Ward No.35,

    Sharda Para, Municipal Corporation Bhilai, vide Gazette

    Notification dated 24.02.2025 issued under Section 22 of the Act

    of 1956. Therefore, the petitioner has acquired a statutory and

    constitutional right to hold the office and discharge the functions

    attached thereto.

    51. Learned counsel submits that despite such declaration, the

    petitioner has not been permitted to take oath and assume charge

    only on account of the pendency of Writ Petition (C)

    No.5555/2024 and the interim order dated 28.01.2025 passed

    therein. It is submitted that the said interim order cannot be

    interpreted as conferring any automatic right upon the removed

    Councillor to continue in office or as nullifying the election process

    which had already commenced and culminated in the declaration

    of the petitioner as elected Councillor. He further submits that the

    effect and operation of the orders dated 06.05.2024 passed by the

    learned Divisional Commissioner and dated 04.09.2024 passed

    by the appellate authority were stayed by this Court only as an
    32

    interim measure, but the said order does not amount to

    restoration of the earlier Councillor to office. Once the order of

    removal had been acted upon, the seat had fallen vacant, the

    vacancy was notified by the State Election Commission and a

    fresh election was conducted, the petitioner having been declared

    elected cannot be denied the benefit of such democratic process.

    52. Learned counsel submits that the entire election process is

    governed by the constitutional mandate contained under Article

    243-ZA of the Constitution of India. The State Election

    Commission has the exclusive authority of superintendence,

    direction and control over municipal elections. Therefore, once the

    election process was completed and the petitioner was declared

    elected, the executive authorities were bound to recognise and

    give effect to such declaration. In support of the aforesaid

    submission, learned counsel places reliance upon the judgment of

    the Hon’ble Supreme Court in Election Commission of India v.

    Ashok Kumar, (2000) 8 SCC 216, wherein the Hon’ble Supreme

    Court has held that the Courts should not ordinarily interfere with

    the election process once it has commenced and the process

    must be permitted to culminate in accordance with law. Learned

    counsel submits that the principle underlying the said judgment is

    that the sanctity of the electoral process has to be maintained and

    the mandate expressed by the electorate cannot be defeated by

    administrative action.

    33

    53. Learned counsel further places reliance upon the judgment of the

    Hon’ble Supreme Court in Mohinder Singh Gill v. Chief

    Election Commissioner, (1978) 1 SCC 405, wherein the Hon’ble

    Supreme Court has recognised the wide powers of the Election

    Commission to ensure free and fair elections and has held that

    the electoral process is a matter of constitutional importance. It is

    submitted that the election conducted pursuant to the vacancy of

    Ward No.35 was within the exclusive domain of the State Election

    Commission and the declaration of the petitioner as elected

    Councillor cannot be rendered ineffective by any administrative

    inaction.

    54. Learned counsel further relies upon the judgment of the Hon’ble

    Supreme Court in Lakshmi Charan Sen v. A.K.M. Hassan

    Uzzaman, (1985) 4 SCC 689, wherein the Hon’ble Supreme

    Court has observed that the democratic process must be

    protected and Courts should not adopt an approach which results

    in frustrating the mandate of the electorate. Learned counsel

    submits that the residents of Ward No.35 have exercised their

    franchise and elected the petitioner, and therefore, denying him

    the opportunity to function as Councillor amounts to denying

    representation to the electorate.

    55. Learned counsel submits that the private respondent cannot claim

    automatic restoration merely on the basis of the interim order

    passed in Writ Petition (C) No.5555/2024. The interim order only
    34

    suspends the operation of the impugned orders and does not

    create a positive direction restoring the private respondent to

    office. The petitioner, on the other hand, derives his right from a

    completed election process. He places reliance upon the

    judgment of the Hon’ble Supreme Court in State of Assam v.

    Barak Upatyaka Damsanghathan, (2015) 3 SCC 628, wherein

    the Hon’ble Supreme Court has held that an interim order must be

    understood in the context in which it is passed and cannot be

    construed to grant substantive relief which has not been finally

    adjudicated. Learned counsel submits that applying the said

    principle, the interim order dated 28.01.2025 cannot be

    interpreted to revive the office of the removed Councillor or nullify

    the subsequent election.

    56. Learned counsel further submits that if the private respondent was

    aggrieved by the election of the petitioner, the remedy available to

    him was by way of an election petition as provided under Section

    441 of the Act of 1956. The writ jurisdiction under Article 226 of

    the Constitution of India, cannot be utilised to indirectly challenge

    the election of a returned candidate. In support of this submission,

    learned counsel relies upon the judgment of the Hon’ble Supreme

    Court in Jyoti Basu v. Debi Ghosal, (1982) 1 SCC 691, wherein

    it has been held that the right to challenge an election is purely a

    statutory right and can be exercised only in the manner prescribed

    by law. Learned counsel submits that respondent No.6 cannot

    bypass the statutory remedy of election petition and seek to
    35

    obstruct the functioning of the petitioner through collateral

    proceedings.

    57. Learned counsel further submits that the allegations regarding the

    caste status of the private respondent are already the subject

    matter of adjudication in Writ Petition (C) No.5555/2024. However,

    even assuming that the private respondent succeeds in the said

    writ petition, such proceedings cannot automatically confer any

    right upon him to displace the petitioner, who has already been

    elected through a fresh election conducted by the competent

    constitutional authority. He further submits that the challenge

    raised by the private respondent regarding the caste certificate is

    also without substance. The learned Divisional Commissioner had

    not undertaken any exercise of determining the caste of the

    private respondent. The enquiry was limited only to ascertain

    whether the private respondent possessed a valid caste certificate

    issued by the competent authority. Upon verification, the

    concerned SDO (Revenue) informed that the alleged caste

    certificate relied upon by the private respondent was not issued

    from his office and the revenue case number mentioned therein

    related to another person.

    58. Learned counsel submits that the provisions of the Act of 2013

    and the judgment of the Hon’ble Supreme Court in Kumari

    Madhuri Patil v. Additional Commissioner, Tribal

    Development, (1994) 6 SCC 241, would have no application in
    36

    the present case. It is submitted that the directions issued in

    Madhuri Patil (supra) apply where a caste certificate has been

    duly issued by the competent authority and thereafter its validity is

    required to be verified. In the present case, the very issuance of

    the certificate is disputed and the competent authority has stated

    that no such certificate was ever issued in favour of the private

    respondent. He further places reliance upon the judgment of the

    Hon’ble Supreme Court in Bhubaneswar Development

    Authority v. Madhumita Das, 2023 SCC OnLine SC 644,

    wherein the Hon’ble Supreme Court has held that protecting an

    ineligible person results in perpetuation of illegality and adversely

    affects the rights of eligible persons. Learned counsel submits that

    the same principle would apply conversely in the present matter,

    as the petitioner is a duly elected candidate and his right cannot

    be defeated on account of an interim order obtained in collateral

    proceedings. He also places reliance upon the judgments of the

    Madhya Pradesh High Court in Bharat Singh Batham v. Life

    Insurance Corporation of India, (2021) 3 MPLJ 337, Hemant

    Batham v. State of Madhya Pradesh (W.P. No.30444/2025) and

    Abhishek Agariya v. State of Madhya Pradesh (W.P.

    No.28917/2021), wherein it has been held that where the very

    foundation of a caste certificate is under challenge and the

    document itself is alleged to be forged or fabricated, the matter

    stands on a different footing and the procedure applicable to

    verification of a genuine caste certificate would not apply.
    37

    59. Learned counsel submits that the present case is not a case of

    cancellation of a genuine caste certificate but a case where the

    alleged certificate relied upon by the private respondent was

    never issued by the competent authority. Therefore, the private

    respondent cannot claim protection under the law meant for

    genuine certificate holders. He further submits that the petitioner

    in Writ Petition (C) No.1808/2025 has no connection with the

    dispute regarding caste certificate and is only seeking

    enforcement of his right flowing from a valid election. The

    petitioner has been elected by the voters of Ward No.35 and his

    oath-taking cannot be withheld indefinitely on account of a dispute

    between the private respondent and the authorities. It is also

    submitted that the continuation of the present situation would

    result in Ward No.35 remaining without effective representation,

    thereby causing prejudice to the residents of the ward. The

    elected representative cannot be prevented from functioning

    unless there exists a valid order setting aside his election.

    60. Therefore, learned counsel prays that Writ Petition (C)

    No.1808/2025 filed by the petitioner be allowed and the

    respondents be directed to administer oath to the petitioner as

    Councillor of Ward No.35, Sharda Para, Municipal Corporation

    Bhilai, and permit him to discharge his duties in accordance with

    law. It is further prayed that Writ Petition (C) No.5555/2024 filed

    by the private respondent challenging the orders dated

    06.05.2024 and 04.09.2024 be dismissed and the interim order
    38

    passed therein be suitably modified so as not to obstruct the

    functioning of the duly elected Councillor.

    Submissions on behalf of the Respondents No.6 and 7-

    Chhattisgarh State Election Commission in W.P.(C) No.5555 of

    2024 and Respondent No.4 in W.P.(C) No.1808 of 2025

    61. Mr. Ranbir Singh Marhas, learned Senior Advocate assisted by

    Ms. Shruti Bariar, learned counsel appearing for respondent Nos.

    6 and 7 in Writ Petition (C) No.5555/2024 and respondent No.4 in

    Writ Petition (C) No.1808/2025, would submit that the writ petition

    filed by Mohammad Salman in Writ Petition (C) No.5555/2024 is

    devoid of merit and deserves to be dismissed, whereas the writ

    petition filed by Chandan Yadav in Writ Petition (C) No.1808/2025

    is also not maintainable in view of the subsequent developments

    and the statutory bar contained under the Constitution of India. It

    is submitted that both the petitions arise out of the dispute relating

    to the post of Councillor of Ward No.35, Sharda Para, Municipal

    Corporation, Bhilai, and the subsequent election conducted

    pursuant to the vacancy created after the removal of petitioner

    Mohammad Salman from the said post.

    62. Learned Senior Counsel would submit that Mohammad Salman,

    who was elected as Councillor from Ward No.35, Sharda Para,

    Municipal Corporation, Bhilai, had contested the election from an

    OBC reserved seat. However, on the basis of proceedings

    initiated under Section 19(1)(a-1) of the Act of 1956, the Divisional
    39

    Commissioner, Durg, after due consideration of the material

    available on record, passed an order dated 06.05.2024 removing

    him from the post of Councillor. The said order was thereafter

    affirmed by the appellate authority vide order dated 04.09.2024. It

    is submitted that pursuant to the removal of Mohammad Salman,

    a vacancy arose in Ward No.35, Sharda Para, Municipal

    Corporation, Bhilai. The said vacancy was duly communicated to

    the Chhattisgarh State Election Commission, which, in exercise of

    its constitutional powers under Article 243-ZA of the Constitution

    of India, initiated the process for conducting a bye-election.

    Accordingly, the State Election Commission issued election

    notification dated 20.01.2025.

    63. Learned Senior Counsel would further submit that during the

    pendency of Writ Petition (C) No.5555/2024 preferred by

    Mohammad Salman, this Court passed an interim order dated

    28.01.2025 staying the effect and operation of the orders dated

    06.05.2024 and 04.09.2024. However, the fact regarding issuance

    of election notification dated 20.01.2025 and commencement of

    the election process was not brought to the notice of this Court by

    the petitioner. Therefore, Mohammad Salman cannot claim any

    advantage on the basis of an interim order obtained without

    placing the complete factual position before the Court.

    64. Learned Senior Counsel would submit that the interim order dated

    28.01.2025 passed in Writ Petition (C) No.5555/2024 did not
    40

    result in automatic restoration of Mohammad Salman as

    Councillor nor did it nullify the election process which had already

    commenced. Once the vacancy was notified and the constitutional

    authority i.e. the State Election Commission had commenced the

    election process, the same could not have been interfered with

    except in accordance with the procedure prescribed under the

    election law. It is submitted that as per the election programme,

    28.01.2025 was the last date for filing nomination papers. Two

    candidates submitted their nomination forms and Mohammad

    Salman was not one of the candidates. Thereafter, on 31.01.2025,

    after withdrawal of nomination by one candidate, Chandan Yadav,

    petitioner in Writ Petition (C) No.1808/2025, was declared elected

    as Councillor of Ward No.35, Sharda Para, Municipal Corporation,

    Bhilai, by the Returning Officer. It is further submitted by learned

    Senior Counsel that Chandan Yadav, having been duly elected in

    the election conducted by the competent constitutional authority,

    cannot seek assumption of office through a writ petition when the

    very election and declaration of result are governed by the

    provisions of election law. Any challenge to the election can only

    be made by way of an election petition and not by invoking

    extraordinary jurisdiction under Article 226 of the Constitution of

    India.

    65. Learned Senior Counsel would place reliance upon the judgment

    of the Hon’ble Supreme Court in Election Commission of India

    Vs. Ashok Kumar, (2000) 8 SCC 216, wherein it has been held
    41

    that once the election process has commenced, Courts should not

    interfere with the election proceedings and the jurisdiction under

    Article 226 of the Constitution must be exercised with restraint so

    as not to interrupt, obstruct or protract the election process.

    66. Reliance is also placed upon the judgment of the Hon’ble

    Supreme Court in Anugrah Narain Singh & Another Vs. State

    of U.P. & Others, (1996) 6 SCC 303, wherein the Hon’ble

    Supreme Court has held that matters relating to elections cannot

    be adjudicated in writ proceedings once the election process has

    commenced and the aggrieved person must avail the statutory

    remedy of election petition.

    67. Learned Senior Counsel would further submit that Article 243-

    ZG(b) of the Constitution of India creates an express

    constitutional bar against interference by Courts in municipal

    elections except by way of an election petition. It is submitted that

    the word “election” includes the entire process commencing from

    issuance of election notification till declaration of result. Therefore,

    after commencement of the election process pursuant to

    notification dated 20.01.2025, no interference could have been

    made by this Court in exercise of writ jurisdiction. He would

    submit that Chandan Yadav, petitioner in Writ Petition (C)

    No.1808/2025, has an alternative statutory remedy under the Act

    of 1956, if he intends to question any aspect relating to the

    election. Therefore, a direction for conducting oath ceremony or
    42

    permitting him to function as Councillor cannot be issued in the

    present writ petition.

    68. Learned Senior Counsel would further submit that Mohammad

    Salman cannot claim restoration of his position merely on the

    basis of pendency of Writ Petition (C) No.5555/2024 because the

    post of Councillor had already fallen vacant, the vacancy had

    been notified, and the election process had culminated in

    declaration of Chandan Yadav as the returned candidate. The

    rights flowing from a valid election cannot be defeated by a mere

    interim order passed in collateral proceedings. It is lastly

    submitted that the State Election Commission and other

    authorities have acted strictly in accordance with the constitutional

    mandate and statutory provisions. The election of Chandan Yadav

    has been conducted in accordance with law and, therefore, no

    direction as sought by him in Writ Petition (C) No.1808/2025 is

    warranted. Similarly, the challenge raised by Mohammad Salman

    in Writ Petition (C) No.5555/2024 has become devoid of

    substance in view of subsequent events and the election

    conducted for filling up the vacancy.

    69. I have heard learned counsel appearing for the respective parties

    and perused the pleadings and material on record with utmost

    circumspection.

    70. From perusal of the order dated 04.09.2024 passed by the

    Secretary, Urban Administration and Development Department,
    43

    Government of Chhattisgarh, in an appeal preferred under

    Section 19(3) of the Act of 1956, it transpires that the appellate

    authority considered the challenge made by petitioner Mohammad

    Salman against the order dated 06.05.2024 passed by the

    Divisional Commissioner, Durg, whereby he was removed from

    the post of Councillor of Ward No.35, Sharda Para, Municipal

    Corporation, Bhilai, on the ground that he failed to establish that

    he belonged to the OBC reserved category. The appellate

    authority, after considering the material available on record,

    including the Social Status Certificate relied upon by the petitioner

    and the report of the Sub-Divisional Officer (Revenue), Durg,

    recorded a finding that no valid caste certificate under Section 4 of

    the Act of 2013 had been issued in favour of the petitioner. It was

    further observed that in terms of Section 14 of the Act of 2013, the

    burden of proving the claim of belonging to the reserved category

    was upon the petitioner, which he failed to discharge.

    Consequently, the appellate authority upheld the order dated

    06.05.2024 passed by the Divisional Commissioner, Durg,

    removing the petitioner from the post of Councillor under Section

    19(1)(a-1) of the Act of 1956.

    71. Further, from perusal of the order dated 06.05.2024 passed by the

    learned Divisional Commissioner, Durg Division, Durg in Case

    No.133/B-128/2023-24, it appears that the proceedings were

    initiated on an application filed by Bhojraj and Chandan Yadav

    under Section 19(1)(a-1) of the Act of 1956, seeking removal of
    44

    the petitioner Mohd. Salman, elected Councillor of Ward No.35,

    Sharda Para, Municipal Corporation, Bhilai, on the ground that he

    had contested the election from an OBC reserved seat on the

    basis of an invalid caste certificate. The learned Divisional

    Commissioner, after granting opportunity of hearing to the parties

    and considering the material available on record, proceeded to

    examine the validity of the caste certificate relied upon by the

    petitioner.

    72. It is reflected from the order that the learned Commissioner relied

    upon the report submitted by the Sub-Divisional Officer

    (Revenue), Durg, whereby it was informed that the caste

    certificate issued is the basis of case bearing No.363/B-121/2015-

    16 dated 15.06.2016, relied upon by the petitioner, was not

    recorded in the relevant Daaira Register in the name of Mohd.

    Salman, but was found recorded in the name of one Nomita

    Deshmukh, daughter of Yuvraj Deshmukh. Taking note of the

    provisions of Section 14 of the Act of 2013, the learned

    Commissioner held that the burden to establish that the petitioner

    belonged to the reserved category was upon him and that the

    petitioner had failed to prove the genuineness and validity of the

    OBC certificate issued by the competent authority.

    73. While dealing with the objection raised by the petitioner regarding

    reference of the matter to the High Level Scrutiny Committee, the

    learned Commissioner considered the law laid down by the
    45

    Hon’ble Supreme Court in Kumari Madhuri Patil (supra), wherein

    the procedure for verification of caste certificates was prescribed.

    However, it was observed that the said mechanism would apply

    only when a caste certificate has been issued by the competent

    authority and the issue relates to its genuineness. The learned

    Commissioner further relied upon the judgment of the Madhya

    Pradesh High Court in Abhishek Agariya v. State of Madhya

    Pradesh & Others, W.P.(C) No.28917 of 2021, decided on

    05.10.2023, wherein it was held that all non-genuine documents

    cannot be treated as forged documents, but where the issuing

    authority itself certifies that the caste certificate was never issued

    from its office, the matter would not fall within the ambit of

    verification by the Scrutiny Committee as contemplated in

    Madhuri Patil (supra).

    74. The learned Commissioner also considered the judgment of this

    Court in Smt. Babita Balmiki v. Amrika Bai & Others, 2017 (1)

    C.G.L.J. 603 (DB) and the judgment in Vidyadhar Aghariya v.

    State of Chhattisgarh & Others, AIR 2015 (NOC) 724

    (Chhattisgarh), relied upon by the petitioner, but distinguished

    the same on facts. It was held that in the present case the very

    issuance of the caste certificate by the competent authority was in

    dispute and, therefore, the question of sending the matter for

    caste scrutiny did not arise.

    75. Consequently, the learned Divisional Commissioner recorded a
    46

    finding that the petitioner had failed to establish that he belonged

    to the OBC category for which Ward No.35, Sharda Para,

    Municipal Corporation, Bhilai, was reserved and, exercising

    jurisdiction under Section 19(1)(a-1) of the Act of 1956, directed

    his removal from the office of Councillor. The said order was

    subsequently affirmed by the Secretary, Urban Administration and

    Development Department, Chhattisgarh, vide order dated

    04.09.2024 passed in an appeal preferred under Section 19(3) of

    the Act of 1956.

    76. It transpires from the order dated 28.01.2025 passed by Co-

    ordinate Bench of this Court in Writ Petition (C) No.5555/2024 that

    an interim protection was granted in favour of the petitioner

    Mohammad Salman. The petitioner had challenged the order

    dated 06.05.2024 passed by the Divisional Commissioner, Durg

    Division, Durg, whereby he was removed from the post of

    Councillor of Ward No.35, Sharda Para, Bhilai, under Section

    19(1)(a-1) of the Act of 1956, as well as the subsequent appellate

    order dated 04.09.2024 passed by the State Government. The

    Court, while considering the rival submissions, observed that the

    finding recorded by the Divisional Commissioner regarding the

    caste status of the petitioner was based solely on the report dated

    07.03.2024 submitted by the Sub-Divisional Officer (Revenue),

    Durg. The Court further observed that the issue relating to the

    validity of the social status certificate ought to have been

    examined by the District Level Caste Scrutiny Committee
    47

    constituted under the Act of 2013, and that without such scrutiny,

    an adverse conclusion regarding the caste status of the petitioner

    could not have been drawn.

    77. Accordingly, considering the facts and circumstances of the case,

    the Court, as an interim measure, stayed the effect and operation

    of the order dated 06.05.2024 passed by the Divisional

    Commissioner, Durg, and the appellate order dated 04.09.2024

    passed by the State Government, till further orders. Thus, the

    interim order dated 28.01.2025 operates in favour of the

    petitioner-Mohammad Salman by restoring interim protection

    against his removal from the post of Councillor.

    78. It is pertinent to note that although this Hon’ble Court, vide order

    dated 28.01.2025 passed in Writ Petition (C) No.5555 of 2024,

    had stayed the effect and operation of the order dated 06.05.2024

    passed by the Divisional Commissioner, Durg Division, Durg, and

    the subsequent appellate order dated 04.09.2024 passed by the

    State Government, the said interim order could not be brought to

    the notice of the election authorities before completion of the

    election process. In the meantime, pursuant to the election

    notification dated 20.01.2025, the process for conducting the by-

    election had already commenced and the last date for filing

    nomination was 28.01.2025. Since no communication regarding

    the interim order passed by the Co-ordinate Bench of this Court

    was received by the concerned authorities at the relevant point of
    48

    time, the election proceedings continued in accordance with the

    notified election programme. Consequently, after withdrawal of

    nomination by one of the candidates on 31.01.2025, the Returning

    Officer declared the remaining candidate, namely Chandan

    Yadav, as the returned candidate for Ward No.35, Sharda Para,

    Bhilai, on the same day. Thus, the declaration of election result in

    favour of Chandan Yadav was not in defiance of the order dated

    28.01.2025, but was a consequence of the election process which

    had already reached its concluding stage before receipt of

    intimation of the interim order by the election authorities.

    79. At this stage, it would be apposite to examine the statutory

    framework governing the controversy. The principal issue involved

    in the present batch of writ petitions centres around the scope and

    ambit of Section 19(1)(a-1) of the Act of 1956. The said provision

    confers power upon the Divisional Commissioner to remove an

    elected Councillor where it is found that the Councillor does not

    belong to the category for which the particular seat was reserved.

    The provision has been incorporated by the Legislature with the

    avowed object of preserving the sanctity of reservation in local

    self-government institutions and to ensure that a public office

    reserved for a particular class of citizens is not occupied by a

    person who is not legally entitled to claim such reservation.

    80. The legislative intent behind incorporation of Section 19(1)(a-1) of

    the Act of 1956 is manifest. Reservation in favour of Scheduled
    49

    Castes, Scheduled Tribes, Other Backward Classes and other

    reserved categories is a constitutional mechanism intended to

    secure adequate representation to historically disadvantaged

    sections of society. Such constitutional protection would become

    illusory if persons not belonging to the reserved category are

    permitted to occupy offices reserved exclusively for those

    communities by producing incorrect, fabricated or otherwise

    invalid documents. Therefore, the Legislature has consciously

    created a separate statutory remedy empowering the Divisional

    Commissioner to examine whether an elected Councillor

    possessed the requisite eligibility to contest from a reserved

    constituency.

    81. The principal contention advanced on behalf of Mohammad

    Salman is that the Divisional Commissioner lacked jurisdiction to

    examine his eligibility and that the dispute necessarily required

    reference to the District Level Verification Committee or the High

    Power Caste Scrutiny Committee constituted under the Act of

    2013. This submission, though attractive at first blush, cannot

    withstand judicial scrutiny in the peculiar facts of the present case.

    82. In the present case, Ward No.35, Sharda Para, Municipal

    Corporation, Bhilai, stood reserved for candidates belonging to

    the Other Backward Class category. Mohammad Salman

    contested the election claiming himself to belong to the Kunjda

    caste, which is recognised as an OBC community in the State of
    50

    Chhattisgarh. It was only on the strength of such claim that he

    became eligible to contest the election from the said reserved

    ward. Consequently, once serious allegations were raised that the

    social status certificate relied upon by him had never been issued

    by the competent authority and did not genuinely belong to him,

    the statutory jurisdiction under Section 19(1)(a-1) of the Act of

    1956 stood rightly invoked.

    83. Section 19 of the Act of 1956 reads as under:-

    “19. Removal of Councillors.-(1) The
    Divisional Commissioner may, at any time,
    remove any elected [….] councillor :-

    (a) if his continuance as a councillor is not, in
    the opinion of the Divisional Commissioner,
    desirable in the interests of the public or the
    Corporation; or

    (a-1) if it is found that he does not belong to
    the reserved category for which the seat was
    reserve, or;]

    (b) if the Corporation has, by a resolution
    supported by at least two-third of the total
    number of councillors; recommend that a
    councillor is not fit to continue as a councillor
    on account of misconduct in the discharge of
    his duties or disgraceful conduct and should
    therefore be removed.

    (2) The Divisional Commissioner may, while
    ordering the removal under sub-section (3) of
    Section 23 or this section, also order that
    51

    such councillor, shall not be eligible to
    become a councillor of a Corporation for a
    period which shall be specified in the order
    and which shall not exceed five years :

    Provided that no resolution recommending
    the removal of any councillor shall be passed
    by the Corporation nor any such order of
    removal shall be passed by the Divisional
    Commissioner unless such councillor has
    been given a reasonably opportunity of
    showing cause why a recommendation
    should not be made for his removal or why he
    should not be removed from his office.

    (3) An appeal against the order passed under
    sub-section (1) or sub-section (2) of this
    section or Section 18 shall lie to the State
    Government within 30 days of the date on
    which the order is conveyed to the aggrieved
    party. The State Government may after giving
    a reasonable opportunity of being heard, pass
    such order on the appeal as it may think fit.”

    84. A plain reading of the aforesaid provision makes it abundantly

    clear that the jurisdiction of the Divisional Commissioner is not

    intended to adjudicate election disputes in the conventional

    sense. Rather, the provision empowers the Commissioner to

    enquire into a statutory disqualification arising after or in relation

    to the election where it is found that the elected Councillor was

    never entitled to occupy the reserved office because he did not

    belong to the category for which the seat had been earmarked.
    52

    85. The expression “if it is found” employed by the Legislature

    assumes considerable significance. The Legislature has advisedly

    not confined such enquiry to the findings of an Election Tribunal.

    Instead, it has authorised the Divisional Commissioner to

    independently enquire into the existence of the statutory

    disqualification after following principles of natural justice. Thus,

    whenever credible material is produced demonstrating that an

    elected Councillor does not belong to the reserved category, the

    Commissioner is duty-bound to examine the matter and arrive at

    an independent conclusion.

    86. Such power cannot be rendered otiose by importing limitations

    which the Legislature itself has consciously omitted. Acceptance

    of the contention advanced on behalf of Mohammad Salman that

    the Commissioner could not enquire into the issue at all would

    virtually defeat the very object behind insertion of Section 19(1)(a-

    1), for every person obtaining election from a reserved

    constituency by producing false documents would continue to

    hold office merely because no election petition had been filed.

    Such an interpretation would defeat both the statutory scheme

    and the constitutional mandate underlying reservation.

    87. Sub-section (3) of Section 19 further provides a statutory

    appellate remedy against every order passed by the Divisional

    Commissioner under Section 19(1)(a-1) of the Act of 1956. The

    appellate jurisdiction has been conferred upon the State
    53

    Government, thereby providing a complete mechanism of

    adjudication under the statute itself.

    88. The jurisdiction conferred upon the Divisional Commissioner

    under Section 19(1)(a-1) of the Act of 1956 is neither incidental

    nor ancillary to the election process; rather, it is an independent

    statutory power intended to examine whether the very eligibility on

    the strength of which an elected representative occupied a

    reserved seat survives judicial and factual scrutiny. Once the

    competent authority, after affording due opportunity of hearing and

    after considering the material available on record, records a

    finding that the elected Councillor does not belong to the reserved

    category for which the seat was reserved, the statute itself

    mandates the consequence that such Councillor becomes liable

    to be removed from office. The provision, therefore, creates not

    merely a procedural mechanism but also a substantive statutory

    consequence.

    89. Further, Section 23 of the Act of 1956 reads as under :-

    “23. Resignation of Speaker & Councillors.-

    (1) The Speaker or any Councillor may resign
    his office by tendering his resignation in
    writing to the Mayor who shall forward the
    same to the Divisional Commissioner and if
    the Speaker or such Councillor, as the case
    may be, desires he may also send a copy of
    his resignation directly to the Divisional
    Commissioner.

    54

    (2) On receipt of the resignation under sub-

    section (1), the Divisional Commissioner shall
    ;-

    (i) if satisfied about its genuineness, accept
    the resignation and notify the fact of such
    resignation and the occurrence of casual
    vacancy by reason of such resignation in the
    Gazette;

    (ii) if not satisfied about its genuineness, not
    accept the resignation for reasons to be
    recorded in writing.

    (3) If it appears to the Divisional
    Commissioner that any Councillor having
    become liable for removal under Section 19
    has tendered his resignation to escape such
    removal, then notwithstanding anything
    contained in this section, the Divisional
    Commissioner may order his removal in
    accordance with the provisions of the said
    section and thereupon the Councillor shall be
    deemed to have been removed from the date
    he resigned his office.”

    90. A bare perusal of Section 23 of the Act of 1956 makes it manifest

    that the resignation of the Speaker or a Councillor does not

    become effective merely upon submission of a written resignation.

    The statutory scheme envisages a complete procedure whereby

    the resignation is first tendered in writing to the Mayor, who is

    required to forward the same to the Divisional Commissioner.

    Upon receipt of such resignation, the Divisional Commissioner is
    55

    under a statutory obligation to satisfy himself as to its

    genuineness. It is only upon recording such satisfaction and

    accepting the resignation that the Divisional Commissioner is

    required to notify the fact of acceptance and the resultant casual

    vacancy in the Official Gazette. Conversely, if the Divisional

    Commissioner is not satisfied about the genuineness of the

    resignation, he is empowered to refuse acceptance by recording

    reasons in writing. Sub-section (3) further confers a special power

    upon the Divisional Commissioner to decline to give effect to a

    resignation where it appears that the Councillor has tendered the

    same with a view to escaping removal under Section 19, and

    instead to proceed with removal in accordance with law. Thus, the

    legislative intent is clear that a resignation under Section 23

    attains legal efficacy only upon its acceptance by the Divisional

    Commissioner after due satisfaction regarding its genuineness

    and the consequential notification in the Official Gazette; until

    such statutory requirements are fulfilled, the resignation cannot be

    said to have become operative in the eyes of law.

    91. Equally significant is the scheme of Section 23(3) of the Act of

    1956. The said provision makes it abundantly clear that once a

    Councillor incurs the statutory disqualification and an order of

    removal is passed by the competent authority, the office held by

    such Councillor cannot continue to remain occupied. The

    inevitable consequence is that the seat falls vacant and the

    vacancy is required to be filled in accordance with the election law
    56

    by the competent Election Commission. Thus, Sections 19 and 23

    operate in complete harmony with each other, while Section 19 of

    the Act of 1956 identifies and adjudicates the statutory

    disqualification, Section 23 of the Act of 1956 provides for the

    legal consequence flowing from such adjudication. Both

    provisions constitute an integrated statutory scheme intended to

    maintain the purity of electoral representation in reserved

    constituencies.

    92. This Court is of the considered opinion that the expression “does

    not belong to the reserved category” occurring in Section 19(1)(a-

    1) of the Act of 1956 is of wide amplitude. It is not confined merely

    to cases where the caste of a candidate is subsequently

    invalidated by a Scrutiny Committee. The expression is wide

    enough to include a situation where the very document on the

    basis of which the candidate claimed eligibility is demonstrated to

    be forged, fabricated or never issued by the competent authority.

    To hold otherwise would defeat the very object sought to be

    achieved by the Legislature and would permit an individual to

    continue occupying a constitutionally reserved public office on the

    strength of fraudulent documents until separate proceedings

    before another authority attain finality. Such an interpretation

    would not only frustrate the statutory object but would also

    encourage abuse of the reservation policy.

    93. Applying the aforesaid statutory scheme to the facts of the present
    57

    case, this Court finds that the Divisional Commissioner has

    exercised the jurisdiction strictly within the four corners of Section

    19(1)(a-1) of the Act of 1956. The proceedings were initiated

    pursuant to the liberty granted by this Court in Writ Petition (C)

    No.1015 of 2024. Notices were issued to all concerned parties;

    adequate opportunity of hearing was afforded; documentary as

    well as oral material was considered; and thereafter a categorical

    finding of fact has been recorded that the social status certificate

    relied upon by Mohammad Salman was never issued by the office

    of the competent Sub-Divisional Officer (Revenue). The

    competent issuing authority itself has unequivocally stated that no

    such caste certificate was ever issued in favour of Mohammad

    Salman and that the particulars contained therein relate to an

    altogether different person. The finding is further fortified by the

    registration of FIR No.103 of 2024 alleging use of forged

    documents.

    94. Once the competent issuing authority itself disowns the issuance

    of the caste certificate, the controversy no longer remains one

    requiring verification of social status by the High Level Caste

    Scrutiny Committee. The present case is fundamentally different

    from a case where a genuine caste certificate is issued by the

    competent authority but its correctness or validity is questioned.

    Here, the very existence and genuineness of the certificate stand

    demolished by the issuing authority itself. Therefore, the argument

    that the matter ought to have been referred to the District Level
    58

    Verification Committee or the High Level Caste Scrutiny

    Committee deserves outright rejection.

    95. Accordingly, after the Divisional Commissioner passed the order

    dated 06.05.2024 directing removal of Mohammad Salman from

    the office of Councillor, the petitioner availed the statutory remedy

    by preferring an appeal before the Secretary, Urban

    Administration and Development Department, Government of

    Chhattisgarh. The appellate authority re-appreciated the entire

    material available on record including the report submitted by the

    Sub-Divisional Officer (Revenue), Durg, the documents relied

    upon by Mohammad Salman and the findings recorded by the

    Divisional Commissioner.

    96. The appellate authority ultimately concurred with the findings

    recorded by the Commissioner that the petitioner failed to

    establish his entitlement to contest the election from an OBC

    reserved constituency. It further recorded that the Social Status

    Certificate relied upon by the petitioner was not traceable in the

    official records and the competent authority had specifically

    reported that no such certificate had ever been issued in favour of

    Mohammad Salman. Consequently, the appellate authority

    dismissed the appeal by order dated 04.09.2024. Therefore, both

    the original authority as well as the appellate authority have

    concurrently recorded findings of fact against Mohammad Salman

    after granting full opportunity of hearing. It is well settled that
    59

    concurrent findings recorded by statutory authorities, particularly

    findings based upon appreciation of documentary evidence, are

    not liable to be interfered with in exercise of writ jurisdiction unless

    demonstrated to be perverse, arbitrary or wholly unsupported by

    evidence. Upon careful examination of the records produced

    before this Court, no such perversity is demonstrated.

    97. The contention advanced on behalf of Mohammad Salman that

    the entire proceedings were not maintainable and that the only

    remedy available to the aggrieved parties was to institute an

    election petition under Section 441 of the Act of 1956 does not

    merit acceptance. This issue is no longer res integra.

    98. It is pertinent to notice that even before the proceedings

    culminating in the impugned order were initiated, Chandan Yadav

    had approached this Court by filing Writ Petition (C) No.1015 of

    2024 seeking consideration of his complaint regarding the

    continuance of Mohammad Salman as Councillor despite his

    alleged ineligibility to contest from the reserved seat. A Coordinate

    Bench of this Court, by order dated 19.02.2024, while considering

    the statutory scheme of Section 19(1)(a-1) of the Act of 1956,

    categorically held that where the allegation is that an elected

    Councillor does not belong to the reserved category for which the

    seat stood reserved, the statute itself provides a specific remedy

    before the Divisional Commissioner.

    99. The Co-ordinate Bench further distinguished such proceedings
    60

    from an election dispute under Section 441 of the Act of 1956.

    The Court observed that a challenge to the validity of the electoral

    process and an enquiry into statutory disqualification arising from

    false claim of reserved status operate in entirely different fields.

    While an election petition questions the legality of the election

    process itself, proceedings under Section 19(1)(a-1) of the Act of

    1956 examine whether the elected person possessed the

    essential eligibility prescribed by statute to continue in office.

    100. The aforesaid distinction is of considerable significance. The

    Legislature itself has consciously created two distinct remedies

    dealing with two entirely different situations. Therefore, it is

    impermissible to obliterate the statutory distinction by insisting that

    every case involving fraudulent claim of reservation must

    necessarily be tried only through an election petition.

    101. The submission that the Divisional Commissioner lacked

    jurisdiction to enquire into the caste status of Mohammad Salman

    also deserves to be rejected. It is required to be appreciated that

    the Commissioner has not undertaken an anthropological

    determination of the caste of Mohammad Salman nor has he

    adjudicated upon any disputed question relating to his genealogy

    or ethnic origin. The enquiry conducted by the Commissioner was

    confined to determining whether the petitioner had produced a

    valid and legally issued social status certificate entitling him to

    contest the election from an OBC reserved constituency.
    61

    102. The foundation of the petitioner’s eligibility rested entirely upon

    one social status certificate bearing Revenue Case No.363/B-

    121/2015-16 dated 15.06.2016. During enquiry, the competent

    Sub-Divisional Officer (Revenue), Durg, after verification of official

    records, categorically reported that the said certificate had never

    been issued from his office and that the concerned revenue case

    number related to another individual altogether, namely Nomita

    Deshmukh.

    103. Once the issuing authority itself certifies that the document relied

    upon by the elected candidate was never issued from its office,

    the Commissioner was fully justified in concluding that the

    petitioner had failed to establish his eligibility under Section 19(1)

    (a-1) of the Act of 1956. Such an enquiry cannot be equated with

    determination of caste by a Caste Scrutiny Committee.

    104. The distinction between a case involving verification of an

    admittedly issued caste certificate and a case involving a

    document which is alleged never to have been issued by the

    competent authority assumes decisive importance in the present

    matter.

    105. The elaborate procedure contemplated in Kumari Madhuri Patil

    (supra) and subsequently incorporated in the Act of 2013 is

    intended to examine the correctness of an existing caste

    certificate validly issued by a competent authority. Such procedure

    presupposes the existence of a genuine certificate requiring
    62

    verification. The present case stands on an entirely different

    footing. Here, the competent revenue authority itself has

    categorically certified that the caste certificate relied upon by

    Mohammad Salman was never issued from its office.

    Consequently, there existed no genuine certificate capable of

    being referred to the District Level Verification Committee or the

    High Level Caste Scrutiny Committee. In absence of an existing

    certificate, the question of its verification simply does not arise.

    106. The Divisional Commissioner as well as the appellate authority

    have rightly relied upon this distinction while declining to refer the

    matter to the High Level Caste Scrutiny Committee. This Court

    finds no legal infirmity in the said approach. Acceptance of the

    contrary argument would lead to an anomalous situation where

    even documents found to be non-existent or fabricated in official

    records would necessarily require reference to the Scrutiny

    Committee, thereby defeating the purpose of the statutory

    provisions and encouraging fraudulent claims to public office.

    107. Having considered the statutory framework and the rival

    submissions, this Court now proceeds to examine whether the

    findings recorded by the Divisional Commissioner, as affirmed by

    the appellate authority, suffer from any jurisdictional error,

    perversity or patent illegality warranting interference under Article

    226 of the Constitution of India.

    108. From a careful perusal of the order dated 06.05.2024 passed by
    63

    the Divisional Commissioner, Durg Division, it is evident that the

    authority did not proceed on mere suspicion or conjectures.

    Rather, the proceedings were conducted after issuing notice to all

    concerned parties, permitting them to file pleadings, affidavits and

    documentary evidence and thereafter affording adequate

    opportunity of hearing. The order demonstrates that the Divisional

    Commissioner has dealt with every contention advanced on

    behalf of Mohammad Salman and has assigned cogent reasons

    while arriving at the conclusion that the petitioner had failed to

    establish his eligibility to contest the election from a seat reserved

    for the Other Backward Class category.

    109. The principal basis of the claim of Mohammad Salman was the

    Social Status Certificate purportedly issued by the Sub-Divisional

    Officer (Revenue), Durg, bearing Revenue Case No.363/B-

    121/2015-16 dated 15.06.2016. During the enquiry, the Divisional

    Commissioner sought verification from the issuing authority itself.

    The Sub-Divisional Officer (Revenue), Durg, after examining the

    original revenue records and Daaira Register maintained in the

    office, categorically reported that the aforesaid certificate had

    never been issued in favour of Mohammad Salman. On the

    contrary, the revenue case number relied upon by him pertained

    to another individual, namely Nomita Deshmukh, daughter of

    Yuvraj Deshmukh. Thus, the very foundation on which

    Mohammad Salman asserted his eligibility stood demolished by

    the official records of the issuing authority itself.
    64

    110. The petitioner was afforded full opportunity to rebut the said

    report. However, except making a general assertion that he

    belonged to the Kunjda community, he failed to produce any

    contemporaneous record issued by the competent authority

    substantiating that the disputed social status certificate had in fact

    been issued in his favour. No explanation worth acceptance was

    forthcoming as to how the revenue case number relating to

    another person came to be reflected on the certificate relied upon

    by him. Such a serious discrepancy goes to the root of the matter

    and strikes at the very legitimacy of the petitioner’s claim to

    occupy a seat reserved for the OBC category.

    111. Much emphasis was laid by the learned counsel appearing for

    Mohammad Salman on the contention that the dispute essentially

    related to the determination of his caste and, therefore, the

    authorities ought to have referred the matter to the District Level

    Verification Committee or the High Level Caste Scrutiny

    Committee constituted under the Act of 2013. This submission,

    though attractive at first blush, cannot withstand judicial scrutiny

    when examined in the backdrop of the facts of the present case.

    112. It is trite that the mechanism prescribed under the Act of 2013, as

    well as the principles laid down by the Hon’ble Supreme Court in

    Kumari Madhuri Patil (supra) is attracted where there exists a

    social status certificate admittedly issued by the competent

    authority and the correctness of the caste claim is required to be
    65

    verified. Such verification may involve examination of

    genealogical records, anthropological traits, historical documents

    and other relevant evidence. However, the present case does not

    involve such an enquiry. Here, the issuing authority itself has

    categorically stated that the certificate relied upon by Mohammad

    Salman had never been issued from its office. Therefore, the

    controversy is not whether Mohammad Salman actually belongs

    to the Kunjda caste, but whether the document on the basis of

    which he claimed eligibility to contest from a reserved

    constituency is genuine at all.

    113. These two issues operate in distinct legal fields. Where the

    existence of the certificate itself is denied by the issuing authority,

    the matter does not fall within the scope of “verification”

    contemplated under the Act of 2013. A verification proceeding

    presupposes the existence of a validly issued certificate. If the

    official records themselves disclose that no such certificate ever

    came into existence, there remains nothing which could be

    referred to the Scrutiny Committee for verification.

    114. The distinction has rightly been appreciated by the Divisional

    Commissioner while placing reliance upon the decision of the

    Madhya Pradesh High Court in Abhishek Agariya (supra), wherein

    it has been held that cases involving non-existent or fabricated

    certificates stand on an entirely different footing from cases

    requiring verification of an existing certificate. This Court finds
    66

    itself in respectful agreement with the aforesaid principle.

    115. The submission that the Commissioner could not have relied upon

    the report submitted by the Sub-Divisional Officer (Revenue) also

    deserves to be rejected. The Sub-Divisional Officer (Revenue),

    Durg, was none other than the competent authority maintaining

    the original records relating to issuance of social status

    certificates. The report submitted by such authority was based

    upon verification of the official registers maintained in the ordinary

    course of official business. Such public records enjoy a

    presumption of correctness unless displaced by cogent evidence.

    116. Significantly, Mohammad Salman did not produce any original

    office record, dispatch register, certified extract or any

    communication issued by the competent authority demonstrating

    that the disputed certificate had actually been issued in his favour.

    Nor did he seek production of any contrary official record capable

    of discrediting the report submitted by the Sub-Divisional Officer.

    117. In writ proceedings, this Court does not sit as an appellate

    authority over factual findings recorded by statutory authorities.

    Unless such findings are shown to be perverse, arbitrary or based

    on no evidence whatsoever, interference would not be justified. In

    the present case, the conclusions recorded by both the Divisional

    Commissioner and the appellate authority are founded upon

    official records maintained by the issuing authority and cannot be

    characterised as either arbitrary or perverse. Consequently, this
    67

    Court finds no reason to substitute its own opinion for the

    concurrent findings recorded by the authorities below.

    118. The next contention urged on behalf of Mohammad Salman is that

    the proceedings under Section 19(1)(a-1) of the Act of 1956 were

    barred in view of the remedy of an election petition available

    under Section 441 of the Act of 1956. This submission is equally

    devoid of merit. The Coordinate Bench of this Court, while

    deciding Writ Petition (C) No.1015 of 2024, has already examined

    the very same objection and has categorically held that

    proceedings under Section 19(1)(a-1) constitute an independent

    statutory remedy intended to deal with cases where an elected

    Councillor is alleged not to belong to the reserved category for

    which the seat stood reserved. The distinction drawn by the

    Coordinate Bench is both logical and legally sound.

    119. An election petition ordinarily examines the legality of the election

    process, improper acceptance or rejection of nomination, corrupt

    practices or other grounds recognised by election law. On the

    other hand, Section 19(1)(a-1) deals with a statutory

    disqualification affecting the continuance of an elected Councillor

    in office. The Legislature, being conscious of the importance of

    preserving reservation in local bodies, has specifically empowered

    the Divisional Commissioner to enquire into such questions

    independently. If the argument of Mohammad Salman is

    accepted, Section 19(1)(a-1) of the Act of 1956 would become
    68

    redundant. Every case where a person occupies a reserved office

    by producing false or invalid documents would necessarily be

    relegated to the election tribunal, rendering the special statutory

    mechanism enacted by the Legislature wholly otiose. Such an

    interpretation cannot be accepted.

    120. It is a settled principle of statutory interpretation that every

    provision enacted by the Legislature must be given meaningful

    effect and no provision should be interpreted in a manner that

    renders it nugatory. Therefore, this Court has no hesitation in

    holding that proceedings under Section 19(1)(a-1) of the Act of

    1956 are independent of proceedings under Section 441 of the

    Act of 1956 and both operate in separate spheres.

    121. Viewed from another angle, acceptance of the petitioner’s

    contention would have serious consequences upon the

    constitutional scheme governing reservation in democratic

    institutions. Reservation of seats in favour of Scheduled Castes,

    Scheduled Tribes and Other Backward Classes is intended to

    secure meaningful political participation of the weaker sections of

    society. Such constitutional protection cannot be permitted to be

    diluted by allowing persons who fail to establish their eligibility to

    continue occupying reserved offices merely on technical pleas

    relating to jurisdiction.

    122. The facts of the present case clearly reveal that Mohammad

    Salman derived his eligibility to contest the election exclusively
    69

    from the social status certificate relied upon by him. Once the

    competent authority itself reported that such certificate had never

    been issued and the petitioner failed to establish otherwise

    despite full opportunity, the inevitable consequence under Section

    19(1)(a-1) of the Act of 1956 was that he could no longer continue

    to occupy the reserved office of Councillor. This Court, therefore,

    finds that both the Divisional Commissioner as well as the

    appellate authority have correctly appreciated the statutory

    provisions and the material placed on record. Their concurrent

    finding that Mohammad Salman failed to establish his entitlement

    to contest the election from the OBC reserved seat neither suffers

    from perversity nor from any jurisdictional infirmity. Consequently,

    the challenge laid to the orders dated 06.05.2024 and 04.09.2024

    cannot be sustained.

    123. Further, this Court is of the considered opinion that the

    determination made by the High Level Caste Scrutiny Committee

    with regard to the caste status of Mohammad Salman also cannot

    be sustained in the present proceedings, as the issue involved

    before this Court is not as to whether Mohammad Salman

    belongs to any particular caste on the basis of any subsequent

    enquiry conducted by the High Level Caste Scrutiny Committee,

    but the real controversy revolves around the validity and

    genuineness of the caste certificate submitted by Mohammad

    Salman along with his nomination papers at the time of contesting

    the election for the post of Councillor of Ward No.35, Sharda
    70

    Para, Bhilai.

    124. The election of Mohammad Salman was based upon the caste

    certificate produced by him claiming himself to be belonging to

    Kunjda caste, which is included in the Other Backward Class

    (OBC) category. Therefore, the relevant consideration before the

    competent authority was whether the said caste certificate, on the

    basis of which Mohammad Salman claimed reservation benefit

    and contested the election from a reserved category seat, was

    genuine, valid and issued in accordance with the prescribed

    procedure or not.

    125. The subsequent exercise undertaken by the High Level Caste

    Scrutiny Committee for determination of caste status of

    Mohammad Salman cannot substitute or cure the illegality

    attached to the caste certificate which was produced at the time of

    filing nomination papers. The eligibility of a candidate to contest

    an election from a reserved category seat has to be examined on

    the basis of the statutory requirements and documents submitted

    by such candidate at the relevant point of time. If the very

    foundation, i.e. the caste certificate relied upon by the candidate,

    is found to be invalid or forged, the consequences prescribed

    under the Chhattisgarh Municipal Corporation Act, 1956 would

    automatically follow.

    126. The High Level Caste Scrutiny Committee is empowered to verify

    the caste status of an individual; however, such determination has
    71

    to be made strictly in accordance with the statutory procedure and

    by considering the relevant material placed before it. In the

    present case, since the controversy before this Court pertains to

    the legality of the caste certificate produced along with nomination

    papers and the consequential disqualification arising therefrom,

    the determination made by the High Level Caste Scrutiny

    Committee does not have any bearing on the issue which is

    required to be adjudicated in the present writ petition. The

    question before this Court is confined to examining whether

    Mohammad Salman had validly claimed the benefit of reservation

    on the basis of a genuine caste certificate at the time of election

    and whether the subsequent action taken by the competent

    authority under the Act of 1956 suffers from any illegality or not.

    127. The second issue which falls for consideration before this Court is

    regarding the validity of the subsequent election process initiated

    for filling up the vacancy caused due to removal of Mohammad

    Salman from the office of Councillor of Ward No.35, Sharda Para,

    Bhilai.

    128. From the material available on record, it is evident that after

    passing of the order of removal of Mohammad Salman under

    Section 23(3) of the Act of 1956, the Election Commissioner

    initiated proceedings for conducting a fresh election for filling up

    the vacant seat of Councillor. However, the fact regarding initiation

    of such election proceedings was not brought to the notice of this
    72

    Court when the order dated 28.01.2025 was passed.

    129. It is an admitted position that the order dated 28.01.2025 passed

    by this Court was limited in its scope, whereby the effect and

    operation of the orders dated 06.05.2024 and 04.09.2024 passed

    by the Commissioner were stayed. The said interim order was

    passed in relation to the challenge made to the removal

    proceedings initiated against Mohammad Salman and did not

    prohibit or restrain the statutory authorities from taking steps for

    conducting an election to fill up a vacancy which had already

    occurred on account of removal of an elected Councillor.

    130. Once the office of Councillor became vacant, the Election

    Commissioner, being the authority empowered under the relevant

    provisions of law, was required to initiate the election process for

    filling up the said vacancy. The initiation of election proceedings

    and conduct of election thereafter fall within the exclusive domain

    of the election authorities.

    131. It is a settled principle of law that once the election process has

    commenced, the constitutional bar contained under Article 329 of

    the Constitution of India comes into operation and the Courts

    ordinarily cannot interfere with the electoral process. Article 329(b)

    of the Constitution of India specifically provides that no election to

    Parliament or State Legislature shall be called in question except

    by an election petition, and the said principle has consistently

    been extended to ensure that the election process, once set in
    73

    motion, reaches its logical conclusion without judicial interference.

    132. The object behind such constitutional restriction is to prevent

    disruption of the election process and to ensure that the

    democratic exercise is completed in accordance with law.

    Therefore, once the election proceedings for Ward No.35, Sharda

    Para, Bhilai were initiated by the competent authority, this Court

    cannot examine the legality of such proceedings in the present

    writ jurisdiction.

    133. In view of the aforesaid legal position, the election conducted for

    filling up the vacant post of Councillor of Ward No.35, Sharda

    Para, Bhilai and the consequential declaration of Chandan Yadav

    as elected Councillor without contest cannot be said to be illegal

    or contrary to law. The order dated 28.01.2025 did not operate as

    a bar against conducting a fresh election, as the vacancy had

    arisen due to the statutory consequence of removal of

    Mohammad Salman and the election process was initiated by the

    competent election authority in accordance with law. Accordingly,

    this Court is of the considered opinion that the election process

    initiated for filling up the vacant seat of Councillor of Ward No.35,

    Sharda Para, Bhilai could not have been interdicted by this Court

    in exercise of jurisdiction under Article 226 of the Constitution of

    India, particularly in view of the constitutional mandate contained

    under Article 329 of the Constitution of India.

    134. Once the caste certificate relied upon by Mohammad Salman for
    74

    claiming reservation benefit as a candidate belonging to Kunjda

    caste (OBC category) was found to be forged and invalid, the

    consequential action taken by the competent authority cannot be

    faulted. The submission of an invalid caste certificate for obtaining

    benefit of reservation strikes at the very root of the eligibility of a

    candidate to contest from a reserved category seat.

    135. The principal contention advanced on behalf of the petitioner is

    that once the petitioner had produced a Social Status Certificate

    claiming that he belonged to the Kunjda caste (OBC), neither the

    learned Divisional Commissioner nor the Sub-Divisional Officer

    (Revenue), Durg, could have recorded any adverse finding

    regarding the validity of the said certificate. According to the

    petitioner, in view of the law laid down by the Hon’ble Supreme

    Court in Kumari Madhuri Patil (supra), the question relating to

    the correctness or validity of a caste certificate can be adjudicated

    only by the competent Caste Scrutiny Committee constituted

    under the Chhattisgarh Social Status Certification Act, 2013. It is,

    therefore, contended that the report dated 07.03.2024 submitted

    by the Sub-Divisional Officer (Revenue), Durg, stating that the

    caste certificate relied upon by the petitioner was not traceable in

    the official records and stood recorded in the name of another

    person, was wholly without jurisdiction and could not have formed

    the sole basis for passing the order dated 06.05.2024 removing

    the petitioner from office of Councillor under Section 19(1)(a-1) of

    the Act of 1956.

    75

    136. The aforesaid submission, though attractive at first blush, cannot

    be accepted in the facts and circumstances of the present case.

    The procedure contemplated in Kumari Madhuri Patil (supra)

    comes into operation where a caste certificate has in fact been

    issued by the competent authority and the dispute pertains to

    verification of the social status of the holder of such certificate.

    However, the present case stands on an entirely different footing.

    The report submitted by the Sub-Divisional Officer (Revenue),

    Durg, categorically records that the alleged caste certificate

    bearing Case No.363/B-121/2015-16 dated 15.06.2016, relied

    upon by the petitioner, was not found entered in the relevant

    Daaira Register in the name of Mohammad Salman; rather, the

    corresponding entry related to one Nomita Deshmukh, daughter

    of Yuvraj Deshmukh.

    137. Thus, the issue was not merely one of verification of caste status,

    but of the very existence and genuineness of the document relied

    upon by the petitioner. Once the issuing authority itself certified

    that no such certificate had ever been issued in favour of the

    petitioner, the matter ceased to be one requiring adjudication by

    the Caste Scrutiny Committee under the principles laid down in

    Kumari Madhuri Patil (supra). In such circumstances, the

    competent authority was fully justified in reporting that the

    document relied upon by the petitioner was not a genuine caste

    certificate, and the learned Divisional Commissioner was

    competent to consider such material while exercising jurisdiction
    76

    under Section 19(1)(a-1) of the Act of 1956 for determining

    whether the petitioner possessed the essential eligibility to contest

    the election from a ward reserved for the Other Backward Class

    category.

    138. It is well settled that there exists a clear distinction between a

    false social status certificate and a non-genuine or fabricated

    social status certificate. A false certificate is one which has in fact

    been issued by the competent authority, but its issuance has been

    procured by the applicant by suppressing material facts or by

    furnishing incorrect or misleading information regarding his caste

    or social status. In such cases, the document is a genuine official

    certificate, though its procurement is alleged to be fraudulent,

    thereby requiring verification by the competent Caste Scrutiny

    Committee. On the other hand, where the competent authority

    itself certifies that the alleged caste certificate was never issued

    from its office or that the particulars contained therein do not

    correspond with the official records maintained by it, the dispute is

    not merely one of verification of social status but relates to the

    very authenticity and existence of the document relied upon by

    the claimant.

    139. Applying the aforesaid principles to the facts of the present case,

    it is evident that the report dated 07.03.2024 submitted by the

    Sub-Divisional Officer (Revenue), Durg, categorically records that

    the Social Status Certificate bearing Case No.363/B-121/2015-16
    77

    dated 15.06.2016, relied upon by the petitioner Mohammad

    Salman, was not entered in the relevant Daaira Register in his

    name. On verification of the official records, the corresponding

    entry was found recorded in the name of Nomita Deshmukh,

    daughter of Yuvraj Deshmukh. Thus, the competent authority itself

    reported that no such caste certificate had ever been issued in

    favour of the petitioner. In such circumstances, the controversy

    did not relate to verification of the petitioner’s caste status on the

    basis of a validly issued certificate, but to the genuineness of the

    very document relied upon by him for contesting the election from

    a ward reserved for the Other Backward Class category.

    140. Once the issuing authority itself reports that the alleged caste

    certificate was never issued from its office and that the official

    records do not support the petitioner’s claim, the question of

    referring such a document to the District Level or High Power

    Caste Scrutiny Committee does not arise. The mechanism

    contemplated in Kumari Madhuri Patil (supra) is attracted only

    where a caste certificate has been issued by the competent

    authority and the dispute concerns verification of the social status

    of its holder. The said procedure cannot be invoked where the

    very issuance of the certificate is denied by the issuing authority

    itself. Therefore, the learned Divisional Commissioner committed

    no jurisdictional error in acting upon the report of the Sub-

    Divisional Officer (Revenue), Durg, while exercising powers under

    Section 19(1)(a-1) of the Act of 1956, for determining whether the
    78

    petitioner possessed the statutory eligibility to contest the election

    from an OBC reserved constituency.

    141. The petitioner has also sought to contend that the issue relating to

    his social status ought to have been referred to the competent

    Caste Scrutiny Committee under the provisions of the Act of 2013.

    However, except making such a contention, no material has been

    placed on record to demonstrate that the petitioner’s Social Status

    Certificate was ever pending for verification before the competent

    Scrutiny Committee or that any proceedings in that regard had

    been initiated. In the absence of any documentary material

    substantiating such a plea, the contention remains a mere

    assertion and cannot dislodge the findings recorded by the

    competent authorities on the basis of the official records.

    Consequently, this Court finds no merit in the submission that the

    impugned orders are vitiated for want of reference to the Caste

    Scrutiny Committee.

    142. The provisions of Section 19(1)(a-1) of the Act of 1956 provide for

    disqualification in case a person is found to have been elected on

    the basis of false or invalid caste claim, whereas Section 23(3) of

    the Act of 1956 empowers the competent authority to remove

    such Councillor from office in accordance with law. Therefore,

    once the foundational document, i.e. the caste certificate, is found

    to be forged, the statutory consequences prescribed under the Act

    are bound to follow.

    79

    143. The subsequent election conducted for filling up the vacancy

    created due to removal of Mohammad Salman was not only

    permissible but was a statutory requirement to ensure continuity

    of representation of the Ward. The election of Chandan Yadav as

    Councillor of Ward No.35, Sharda Para, Bhilai was conducted in

    accordance with the procedure prescribed under law and there is

    no illegality warranting interference by this Court.

    144. Accordingly, having considered the entire factual and legal

    position, this Court finds no merit in the challenge raised by

    Mohammad Salman. Consequently, Writ Petition (C) No.5555 of

    2024 is hereby dismissed.

    145. As a consequence of dismissal of Writ Petition (C) No.5555 of

    2024, the challenge made to the subsequent election conducted

    for Ward No.35, Sharda Para, Bhilai does not survive. The

    election conducted by the competent authority pursuant to the

    vacancy caused due to removal of Mohammad Salman was valid

    and in accordance with the provisions of law. Therefore, the claim

    raised by Chandan Yadav in Writ Petition (C) No.1808 of 2025

    deserves acceptance.

    146. The subsequent election having been conducted in accordance

    with the statutory provisions and there being no legal impediment

    in declaration of the result, Chandan Yadav has rightly been

    declared elected as Councillor of Ward No.35, Sharda Para,

    Bhilai.

    80

    147. Accordingly, Writ Petition (C) No.1808 of 2025 filed by Chandan

    Yadav is hereby allowed and it is held that the election of

    Chandan Yadav as Councillor of Ward No.35, Sharda Para, Bhilai

    is valid and in accordance with law.

    148. There shall be no order as to costs.

    Sd/–

                                                         (Amitendra Kishore Prasad)
                                                                    Judge
    
    
    Yogesh
    
    
    
    
              The date when the   The date when the      The date when the judgment is
                 judgment is         judgment is            uploaded on the website
                   reserved          pronounced
                                                         Operative          Full
                 07.07.2026          03.08.2026            ------       03.08.2026
                                        81
    
                                  Head-Note
    
    
    
    

    Removal of an elected Councillor from a reserved seat on the

    basis of a Social Status Certificate found to have never been issued by

    the competent authority and where the issuing authority itself disowns

    the certificate, reference to the Caste Scrutiny Committee under the Act

    of 2013 is not required. The Divisional Commissioner is competent to

    determine the statutory disqualification under Section 19(1)(a-1) of the

    Chhattisgarh Municipal Corporation Act, 1956, and the consequential

    election cannot be interfered with once the election process has

    commenced.



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here