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Supreme Court of India 2018-12-14 dismissed

Shankar vs State of Maharashtra

Bench: 3 — <UNKNOWN>, <UNKNOWN>, <UNKNOWN>

In Brief

In these consolidated special leave petitions, the Supreme Court addressed whether the requirement for elected municipal councilors belonging to Scheduled Castes, Scheduled Tribes, or Other Backward Classes to submit a caste validity certificate within six months is mandatory or directory. The Court upheld the High Court's conclusion that the provision is mandatory. The Court held that individual hardships cannot justify reading the requirement as directory, as such an interpretation would render the statutory provision meaningless. The plain statutory language and legislative history (the proviso was deleted and reintroduced) demonstrated clear legislative intent to make the requirement mandatory. All special leave petitions were accordingly dismissed."

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Constitutional Law Election Law Statutory Interpretation Reserved Category Elections Scheduled Castes/Tribes

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