KOLI MANJULABEN KISHANBHAI (NEE, RATHVA MANJULABEN CHHATRASINH)versusSTATE OF GUJARAT

   C/SCA/5046/2026                              JUDGMENT DATED: 09/04/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 5046 of 2026

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Sd/-

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          Approved for Reporting               Yes          No
                                                            No
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    KOLI MANJULABEN KISHANBHAI (NEE, RATHVA MANJULABEN
                       CHHATRASINH)
                          Versus
                 STATE OF GUJARAT & ORS.
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Appearance:
MR KB PUJARA(680) for the Petitioner(s) No. 1
MR NIKUNJ KANARA AGP for the Respondent(s) No. 1,4
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  CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                           Date : 09/04/2026

                             JUDGMENT

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

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

3. 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


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   C/SCA/5046/2026                         JUDGMENT DATED: 09/04/2026




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;"

4. The facts giving rise to present petition are that in the


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   C/SCA/5046/2026                                JUDGMENT DATED: 09/04/2026




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


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   C/SCA/5046/2026                                     JUDGMENT DATED: 09/04/2026




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.

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

6. 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.


7. 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


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interfere in the present petition. He has submitted that
present petition deserves to be dismissed.

8. 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.

9.      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.

10. 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.

11. 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


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    C/SCA/5046/2026                                                                JUDGMENT DATED: 09/04/2026




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.


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

                                                                                            Sd/-
                                                                        (HEMANT M. PRACHCHHAK,J)
SURESH SOLANKI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SURESHKUMAR MOTIBHAI SOLANKI(HC00208), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 13/04/2026 17:00:31




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