Ex-Mumbai mayor moves Supreme Court against disqualification over invalid caste certificate

The Supreme Court on Tuesday issued notice on a plea filed by former Mumbai Mayor and Shiv Sena (UBT) leader Vishakha Raut, challenging her disqualification as a Brihanmumbai Municipal Corporation (BMC) councillor following the invalidation of her Other Backward Class (OBC) caste certificate [Vishakha Sharad Raut v. State of Maharashtra & Ors.].

A Bench of Justices Vikram Nath and Sandeep Mehta directed that the councillor seat in Ward No. 191 (Dadar West-Shivaji Park) previously occupied by Raut shall not be filled up during the pendency of Rauti's plea before an appellate authority regarding the validity of her caste certificate.

"The councillor seat earlier occupied by the petitioner may not be filled up. The pending appeal may be decided by the appellate authority completely uninfluenced by the impugned order," the Court ordered.

Raut approached the top court challenging a September 2 judgment of the Bombay High Court, which had dismissed her writ petition challenging a BMC communication declaring her seat automatically vacant under Section 16(1C)(a) of the Mumbai Municipal Corporation Act, 1888.

The controversy arose after the Palghar District Caste Scrutiny Committee invalidated Raut's 'Kunbi' OBC caste certificate on August 20, 2026. Following the invalidation, the Municipal Commissioner notified Raut that her election from Ward 191 stood cancelled and recommended a six-year electoral disqualification to the State government.

Appearing for Raut, Senior Advocate Indira Jaising urged the top court today to stay the High Court ruling and restrain her electoral opponent, Shiv Sena's Priya Sarvankar Gurav, from taking over the seat, while Raut's statutory appeal regarding her caste certificate remained pending before the Divisional Commissioner.

"Let the proceedings in appeal be stayed. My opponent wants to enter the chair and sit over there. That cannot be allowed. It has to be kept vacant... Her effort is to get into my seat before the decision on my appeal," Jaising argued.

The High Court had earlier held that the invalidation of a caste certificate results in an automatic, retrospective, deemed termination of the councillor's election, regardless of a pending appeal.

The Supreme Court today directed the appellate authority (Divisional Commissioner, Konkan Division) to decide Raut's pending statutory appeal expeditiously and on its own merits, adding that the councillor seat she occupied should not be filled until then.

Senior Advocate K Parameshwar appeared for the respondents.

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