Koli Manjulaben Kishanbhai (Nee, Rathva Manjulaben Chhatrasinh) vs State Of Gujarat & Ors

Hemant M. Prachchhak, J

Rule returnable forthwith. Mr. Nikunj Kanara, learned AGP waives service of notice of rule for and on behalf of respondent Nos. 1, 4.

With the consent of the learned counsels appearing for the respective parties, the petition has been taken up for final hearing today.

By way of present petition under Article 14, 15, 21, 342 and 366 of the Constitution of India r/w the provision of the Gujarat Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Issuance and Verification of Caste Certificate) Act, 2018 and under the provision of the Gujarat Scheduled Tribes (Regulation of Issuance and Verification of Certificate) Rules, 2020, the petitioner has prayed for the following relief/s:-

"14(a) to admit this petition and to allow the same;

14 (b) to quash and set aside impugned report and opinion of the Vigilance Cell dated 28-8-2025 at Annexure-G;

14(c) to direct the Scrutiny Committee to ignore the impugned report and opinion of the Vigilance Cell dated 28-8-2025 at Annexure-G and to independently arrive at its own conclusion about the status and Scheduled Tribe Certificate of the petitioner;

14(d) to hold and declare and direct that the Scrutiny Committee shall duly and fully consider all the documents produced by the petitioner along with her Reply dtd. 18-9-2025 as per Annexure-I, as well as the documents annexed with present petition and all other relevant documents as may be produced by the petitioner at the time of hearing;

14(e) PENDING THE HEARING AND FINAL DISPOSAL OF THIS PETITION, BE PLEASED to stay the operation of the impugned report and opinion of the Vigilance Cell dated 28-8-2025 at Annexure-G;

14(f) PENDING THE HEARING AND FINAL DISPOSAL OF THIS PETITION, BE PLEASED to stay the proceedings before the Scrutiny Committee pursuant to the letter dtd. 3-9-2025 at the Annexure- Н;

14(g) to grant any other appropriate and just relief/s including any other consequential and incidental reliefs and costs in the interest of justice;"

The facts giving rise to present petition are that in the year 2003 the petitioner was duly elected as Member of the then Chhotaudepur Nagarpalika on the Seat reserved for Scheduled Tribe, and she was duly elected as President of the Nagarpalika as Scheduled Tribe Woman candidate. At that time her status and Caste Certificate of Scheduled Tribe was duly verified by the authorities.

4.1 Thereafter, in the election of Chhotaudepur Nagarpalika held in the year 2025 the petitioner has been again elected as candidate of Bharatiya Janta Party on the Seat reserved for Scheduled Tribe, as per the Result declared by the Election Officer dtd. 18-2-2025.

4.2 However, it appears that at the instance of some disgruntled political adversaries of the petitioner, some busybody has raised issue about the petitioner's status and caste certificate of Scheduled Tribe by making absolutely false and baseless allegations in this regard. Pursuant to such complaint, the Vigilance Cell, Vadodara appears to have given report and opinion dtd. 28-8-2025 for cancellation of the petitioner's caste certificates.

4.3 Pursuant to the said Report and opinion of the Vigilance Cell, the Divisional Scrutiny Committee, Vadodara issued letter dtd. 3-9-2025 calling upon the petitioner to remain present before it on 18-9-2025 along with relevant documents for verification of the petitioner's caste certificate. The petitioner submitted her reply vide letter dtd. 18-9-2025. However, the petitioner is given impression that the Scrutiny Committee would not be taking any independent decision by appreciating the relevant documents, and it would take the decision only on the basis of the Report and opinion of the Vigilance Cell, thereby causing grave injustice to the petitioner and her electorate.

4.4 In view of the above facts, the petitioner has filed present petition.

Heard Mr.K.B. Poojara, learned advocate for the petitioner and Mr. Kanara, learned AGP for the concerned respondents.

Mr. Poojara, learned counsel for the petitioner has submitted that the report and opinion of Vigilance Cell dated 28.8.2005 is bad in law, null and void, arbitrary , unjust. He has submitted that Scrutiny Committee may be directed to ignore the said report and opinion of the Vigilance Cell and to independently arrive at its own conclusion about the status and Scheduled Tribe Certificate of the petitioner.

On the other hand Mr. Kanara, learned AGP has opposed the petition and submitted that the report of the Vigilance Cell dated 28.8.2005 is in consonance with the settled principle of law and therefore, this Court may not interfere in the present petition. He has submitted that present petition deserves to be dismissed.

I have heard the learned counsel appearing for the respective parties and perused the material placed on record. It appears that petitioner has challenged impugned action of the respondent that on the basis of anonymous complaint the Scrutiny Committee has initiated inquiry against the petitioner, which is pending before the Scrutiny committee.

Considered the facts and circumstances of the case, this Court is of the opinion that the Scrutiny Committee shall decide the issue, after giving proper opportunity to the petitioner and after affording an opportunity to produce the relevant documentary evidence in accordance with law.

The Scrutiny Committee will not influenced by the report and opinion of the Vigilance Cell and independently shall decide the issue, after considering the documentary evidence produced before it and after hearing the concerned parties.

It is open for the petitioner to raise all the contentions available in the eye of law and the same shall be decided by the Scrutiny Committee in accordance with law without being influenced by an order passed by this Court in Special Civil Application No.4001 of 2026 dated 23.3.2026 within period of 8 weeks from the date of receipt of copy of this order in accordance with law.

With the above clarification present petition stands disposed of. Rule is made absolute to the aforesaid extent.