Election Tribunal Has No Jurisdiction To Declare Caste Certificate Forged, Authority Vests Solely With Scrutiny Committee: Allahabad High Court

"Now this fact is very much clear that Election Tribunal is having no authority to verify the correctness of Caste Certificate and it is only for the committees so constituted by the State Government by different Government Orders." Allahabad High Court, in a significant ruling dated July 6, 2026, has held that an Election Tribunal lacks the jurisdiction to adjudicate upon the validity or the allegedly "forged" nature of a caste certificate.

A bench of Justice Neeraj Tiwari observed that the power to validate or invalidate a social status certificate rests exclusively with the statutory Scrutiny Committees constituted in accordance with the guidelines laid down by the Supreme Court.

The petitioner, Radha Charan, filed an election petition challenging the election of Vinay Prakash Gond (Respondent No. 3) to the U.P. Legislative Assembly from the 335 Ram Kola constituency. The petitioner alleged that the returned candidate obtained a Scheduled Caste certificate fraudulently despite belonging to an Other Backward Class (OBC). While the certificate was under challenge before a District Level Committee, the petitioner sought a declaration from the High Court that the certificate was null and void to set aside the election.

The primary question before the court was whether the Election Tribunal has the jurisdiction to declare a caste certificate forged or fake. The court was also called upon to determine if a challenge to a caste certificate is maintainable within an election petition when statutory mechanisms for verification are already in place.

Exclusive Jurisdiction of Statutory Scrutiny Committees

The Court emphasized that there exists a self-contained mechanism for the issuance and challenge of caste certificates. It noted that the State Government has established a hierarchy of forums, starting from the District Level Committee to the Divisional and State Level Committees, specifically for this purpose.

The bench observed that the Election Tribunal cannot usurp the powers of these specialized committees. It noted that as long as a certificate has been issued by a competent authority and has not been cancelled by the Scrutiny Committee, the Returning Officer or the Election Tribunal has no occasion to question its genuineness.

"It is beyond the competence of Court except under Article 226 of Constitution of India after final decisional taken by the State Level Scrutiny Committee."

Applicability of Madhuri Patil Guidelines to Election Matters

The Court relied extensively on the landmark judgment in Kumari Madhuri Patil vs. Addl. Commissioner, noting that while the case originally pertained to admissions, the legal principles established therein are squarely applicable to election matters. The Supreme Court in that case provided a detailed scheme for verification of social status by Scrutiny Committees to prevent the deprivation of genuine candidates.

Justice Tiwari pointed out that the Apex Court has consistently held that the orders passed by these Scrutiny Committees shall be final and conclusive. Such orders can only be challenged through a writ petition under Article 226 and not through a civil suit or an election petition.

"The only committee so constituted by the State Government shall have authority to issue or cancel the caste certificate."

Election Petition Not the Proper Forum for Caste Verification

The Court highlighted the recent Supreme Court decision in A. Raja vs. D. Kumar (2025), which clarified that a duly issued Caste/Community Certificate is amenable to challenge only under the provisions of the specific statute governing the field. The bench noted that an Election Petition is not the appropriate legal vehicle for seeking the cancellation of a caste certificate.

The bench further observed that even if a complainant alleges that a certificate was obtained by suppressing facts, they must move the Caste Scrutiny Committee. The High Court, while acting as an Election Tribunal, cannot conduct a roving inquiry into the status of a candidate when a valid certificate exists on record.

High Court Cannot Interfere with Expert Forum Findings

The Court noted that the Scrutiny Committee is an "expert forum armed with fact-finding authority." Referring to the case of Navneet Kaur Harbhajansing Kundles, the bench reiterated that the High Court should not inadvertently undertake an erroneous exercise of appreciating evidence that falls solely within the domain of the Scrutiny Committee.

Since the respondent's caste certificate had not been cancelled by any authorized committee, the Court found no merit in the challenge. It held that the Election Tribunal is essentially barred from entering the domain of caste verification which is reserved for the quasi-judicial committees constituted by the State.

"Election Tribunal is having no authority to verify the correctness of Caste Certificate... it is only for the committees so constituted by the State Government."

The Court concluded that the election petition lacked merit as the core grievance—the validity of the caste certificate—could not be adjudicated by the Tribunal. The petition was accordingly dismissed, with the Court clarifying that the petitioner remains at liberty to pursue the pending complaint before the District Level Committee.

Date of Decision: July 6, 2026