The central legal issue is whether the authority to determine the validity of a caste certificate rests exclusively with the Caste Scrutiny Committee, thereby barring civil courts from adjudicating such validity in election disputes.

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The petitioner had filed an Application under Order VII Rule 11 of the Code of Civil Procedure, 1908 in Election Petition/ Miscellaneous Civil Case No.30 of 2025, “Smt. Aanchal vs. Nishita alias Nishita Panwar and Others”, filed under Section 131H(10) of the Uttarakhand Panchayati Raj Act, 2016 read with the provisions of the Uttar Pradesh Kshettra Panchayats (Election of Pramukhs and Up-Pramukhs and Settlement of Election Disputes) Rules, 1994 (as applicable in the State of Uttarakhand). The said application, filed by the writ petitioner, has been dismissed by learned Civil Judge (Senior Division), Uttarkashi vide impugned order dated 02.04.2026.

As per the Election Petition, nominations were filed by the petitioner and the respondent no.1 (present writ petitioner) for the post of Block Pramukh of Vikaskhand Purola, District Uttarkashi. The respondent no.1 had earlier obtained a Caste Certificate as belonging to Scheduled Tribe, but she contested the election under Scheduled Caste Category. The petitioner has sought a declaration that the election of the respondent no.1 is void.

Heard Mr. Arvind Vashistha, learned Senior Advocate assisted by Mr. Vikas Bahuguna, learned counsel for the petitioner, Mr. Ghanshyam Joshi, learned Additional Chief Standing Counsel with Mr. Sudhir Nailwal, learned Standing Counsel for the respondent no.1 and Mr. Sanjay Bhatt, learned counsel for the respondent no.2.

Mr. Arvind Vashistha, Senior Advocate, has contended that the Scheduled Tribe Certificate was issued to the petitioner Smt. Nishita alias Nishita Panwar on 24.04.2017 in terms of Notification (G.S.R.960) Dated 24.06.1967. But, actually, the petitioner belongs to Scheduled Caste and she possesses valid Scheduled Caste Certificate issued by the Competent Authority which was upheld and validated by the Caste Scrutiny Committee. Only the Caste Scrutiny Committee has the authority to determine the validity or invalidity of the Caste Certificate. The civil courts have no authority to determine the validity of a Caste Certificate.

Mr. Arvind Vashistha, Senior Advocate, has placed reliance on the judgment of the Hon’ble Supreme Court in A. Raja vs. D. Kum ar, 2025 SCC OnLine SC 1033

The contentions raised by Mr. Arvind Vashistha, learned Senior Advocate are fairly arguable. Therefore, it would be appropriate to deal with the said contentions raised by him by granting an opportunity of hearing to the respondent no.3, the petitioner in the election petition.

Admit.

Notice is being issued to the respondent no.3. Steps to be taken by all permissible modes within three days from today.

List on 11.05.2026 just after fresh cases. Till then, further proceedings of Election Petition/Miscellaneous Civil Case No.30 of 2025, “Smt. Aanchal vs. Nishita alias Nishita Panwar and Others” are stayed.

Interim Relief Application (IA No.1 of 2026) stands disposed of accordingly.