SEC asserts it is not empowered to disqualify bogus caste candidates

The SEC has stated that as per the existing provisions, it is not empowered to disqualify a member whose caste certificate is declared invalid by the caste scrutiny committee. The SEC has further stated that it has written to the State Government for making suitable amendments in the Acts for disqualifying the candidates who are elected on reserved seats by submitting bogus caste certificates. The Government had taken a decision to amend the Acts accordingly in 1998 and the urban development department had prepared a bill, which was yet to be put through the legislature. The SEC has further stated that in the absence of clear-cut provisions, it could not disqualify such candidates.

Hence, the SEC has asked the municipal commissioner of Nashik to make a reference to the Civil Judge (Senior Division) of the city to determine whether Pardeshi has ceased to hold office under section 12 of the Bombay Provincial Municipal Corporations Act, 1949.