If wrong petitioner taking benefit of the stay order by the hon'ble supreme court of india
Sadanand B. Panchal
(Querist) 08 March 2014
This query is : Resolved
Respected Experts,
Two lady candidates of backward class submitted their Cast Certificates for election ‘A’ and ‘B’. ‘A’ submitted true Cast Certificate whereas ‘B’ submitted false and fabricated Cast Certificate before the Election Authority. On election ‘B’ was elected and became Councilor of the Ward. Immediately ‘A’ filed Criminal Proceedings against ‘B’ and after inquiry carried out under the order of the Magistrate court, under the Police authority it was found that the validity of Cast of ‘B’ to be wrong and certified copies of false evidence is on record. Thereafter ‘A’ filed Writ Petition before Hon'ble Bombay High Court challenging the validity of Cast Certificate of ‘B’. On hearing the Hon'ble High Court directed the Scrutiny Committee to carry out inquiry of validity of Cast of ‘B’ within four weeks. Thereafter ‘B’ filed SLP before Hon'ble Supreme Court and the Court without mentioning any reasons stayed the order of Hon'ble High court and clubbed the matter in bunch of different types of SLPs.
Now there is a laps of two years after the SLP filed by the ‘B’ and is pending before the Chief Justice of Hon'ble Supreme Court and ‘A’ has to appoint Lawyer of Hon'ble Supreme Court and incurred about 4 lacs of Rupees. Now the SLP came on board last 1.5 month but could not reach high on board. ‘A’ again engaged Lawyer of Delhi High Court and incurred expenses about 5 lacs.
In spite of being having false validity of Cast, ‘B’ continued to remain on the post of Counselor of the Ward taking benefit of the stay order by the Hon'ble Supreme Court of India.
Kindly inform me whether ‘A’ has any remedy to file Writ Petition before Hon'ble High Court of Mumbai praying dismissal of the post of ‘B’ in view of being having produced false and fabricated Cast validity and Cast certificate notwithstanding pendency of the SLP before Hon'ble Supreme Court of India. There are number of such type of SLPs pending before the Hon'ble Supreme Court of India. Kindly suggest me any solution.
Regards,
Sadanand Panchal
prabhakar singh
(Expert) 08 March 2014
Often I see your post speaking that you are appearing in person.
I think you have personal cases.
but your this query suggests you are a village barrister.
why a party who has according to you have expended 10 lacks as fees and yet looking towards you for advice and you in turn you are looking for free from us?
Rajendra K Goyal
(Expert) 09 March 2014
Consult a sr. lawyer and show him all the documents.
Sadanand B. Panchal
(Querist) 09 March 2014
Respected Sir,
I always made my query for my personal matter. The present query is though not my personal but it is matter of area where I am residing. The person “A” came in contact with me and shown the documentary evidence with certified proof and also informed me that she got a fresh validity Certificate of her OBC Cast, I seen. On the other hand “B” has not verified her Cast Validity even as per order of the Hon'ble High Court and in fact she is still at the post of Councilor without giving chance to person hailing from Reserved Backward Class knowing very well that she had submitted false Cast certificate. Well-reasoned judgment of Hon'ble High Court of Mumbai targeting illegal activity is indefinitely stayed by the Hon'ble Court last two years and “B” is taking benefit. Nobody can even stand personally before Hon'ble Supreme Court of India to mention the matter for early hearing in such cases.. It requires great effort to get a Stay vacated. This nullifies various laws, creates a dead end for law enforcement agencies as well as law-abiding citizens, and creates widespread cynicism about lawful methods.
I respectfully inform you that I have no personal cases as I am not Advocate but the above matter concern with my area of vote. Further, I came before this platform with clean hands. If there is any solution for the present query and for the solution/advice if any fee require, I will inform “A”. Thanks! I have withdrawn my this query.
Regards,
Sadanand Panchal
T. Kalaiselvan, Advocate
(Expert) 09 March 2014
I endorse the view of Mr. Prabakar Singh on the subject, let your friend seek the remedy himself because if ha can spend such a heavy amount for the cases at Delhi and Mumbai, he can very well get opinion by paying to some prudent lawyer who has expertise on the subject in the local.
Sadanand B. Panchal
(Querist) 10 March 2014
Respected Experts,
My query was different and the answers diverting my query to different topic.The event in the query can happen to me or any citizen of India in future.Therefore I proposed to write a letter to the Hon'ble Chief Justice of Supreme Court of India to resolve the problem. Thanks!
