To CONTEST ELECTION FOR SEATS RFSERVED FOR OBC OR SC/ST CANDIDATES – MARRRIED WOMAN CANNOT RELY ON HUSBAND’S CASTE
AnuraJha Sudhakar Ltkar
v.
Divisional Caste Scrutiny Committee
2018 (1) AIR Born R 146:
2018 (3) ALL MR 411:
2018 (4) MLJ 323
Decided on: 03-10-2017
Hon’ble Judges: Vasanti Naik and Riyaz I. Chagla, JJ. Bombay High Court
Facts: By submitting documents in support of her claim of belonging to “Tambat” OBC on basis of her husband’s and not father’s caste. Petitioner contested Solapur Municipal Corporation elections as candidate of Congress Party for OBC category. Once elected as Corporator, the Caste Scrutiny Committee directed the petitioner to submit caste documents from her father’s side which supported the caste claim of “Lohar NT”.
Held: Women relying on her husband’s caste cannot claim entitlement to contest election for seat reserved for Scheduled Caste Candidate, because high caste Hindu who has not been subject to backwardness in his life does not become Scheduled Caste or Scheduled Tribe member by reason of marriage alone.
