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Supreme Court of India 2018-08-23 dismissed

Shankar S/o Raghunath Devre (Patil) vs State of Maharashtra & Ors

Bench: 3 — <UNKNOWN>

In Brief

Multiple special leave petitions challenged the High Court's ruling that candidates elected to municipal councils in Maharashtra must submit a caste validity certificate within six months of election, and failure to do so results in automatic termination of election. The Supreme Court affirmed the High Court's finding that this requirement is strictly mandatory, not merely directory. The Court held that the statutory language, the deeming provision for retrospective termination, and legislative history all demonstrate the legislature's intent to make compliance mandatory irrespective of individual hardships. Equitable considerations cannot override clear statutory mandates. All petitions were dismissed."

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Electoral Law Administrative Law Scheduled Castes/Scheduled Tribes/Other Backward Classes Municipal Elections Statutory Interpretation

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