Bombay HC Rejects Ex-Mayor Vishakha Raut’s Plea Over Dadar Disqualification

The Bombay High Court on Wednesday dismissed a petition filed by Shiv Sena (UBT) corporator and former Mumbai mayor Vishakha Raut, who represents Dadar’s ward 191, challenging a move by civic chief Ashwini Bhide to have her disqualified.

A bench comprising Justice Girish Kulkarni and Justice Neela Gokhale ruled that there was "no merit" in Raut's plea. The judges stated that the Brihanmumbai Municipal Corporation commissioner had merely sought action based on an existing caste certificate invalidation order. While dismissing the challenge to the civic chief's letter, the court kept all of Raut’s contentions regarding the caste invalidation open and directed the expeditious disposal of her pending appeal.

The case stems from Raut's election victory from ward 191 in Dadar, an electoral seat reserved for Other Backward Classes women. To contest the seat, Raut had submitted a Kunbi caste certificate. However, on August 20, a caste scrutiny committee invalidated the certificate after finding that the officer who issued the document did not hold the jurisdiction to do so.

Following the scrutiny committee's ruling, BMC chief Ashwini Bhide wrote a letter to the state government on August 25. The communication asked the state to issue a gazette notification formally declaring Raut disqualified for a term of six years.

Appearing for Raut, senior counsel Surel Shah argued before the bench that the civic chief lacked the legal authority to issue such a request to the state government. The petition further contended that there is a mandatory 90-day embargo on disqualification while an appeal against the invalidation remains pending. Raut had submitted her appeal against the scrutiny committee's decision before the appellate authority on August 31.

Senior counsel Rajendra Pai, representing Shiv Sena candidate Priya Sarvankar Gurav who lost the election to Raut, opposed the petition. Pai argued that the municipal commissioner's letter was simply a consequential request to notify the corporator's disqualification following the invalidation of the caste certificate.