MUMBAI, July 22: The Chief Justice of Bombay High Court has ordered criminal proceedings against two elected corporators who forged their caste certificates to contest the Bhiwandi-Nizampur municipal council elections.

The decision of the division bench of Chief Justice M B Shah and Justice Ranjana Desai came in the wake of a writ petition filed by Ramakant Kashinath Bhoi. The petition challenged the validity of caste certificates produced by the duo, Tafazul Husain and Fahemida Anees Ahmed. While Husain claims to belong to the Ansari caste, Fahemida claims to belong to Momin caste.

Hussain and Ahmed contested the Bhiwandi municipal elections in December 1996. They produced forged certificates bearing the stamp of special executive magistrate (SEM), Aurangabad. However, it was suspected that both were not residents of Aurangabad. Therefore, the petitioner asked the SEM in Aurangabad to confirm authenticity of the certificates. The executive magistrate replied that Husain and Ahmed were not issued any such certificates. Thereafter, a complaint was lodged with Bhiwandi-Nizampur police station. The petitioner also feared that Husain will stake his claim for presidentship of the municipal council, since the post was reserved for a male OBC candidate for the next term.

The petitioner called upon the municipal council to take action against the two candidates, whose ``continuation in office is a travesty of justice.'' However, Bhoi states, the municipal council, the executive magistrate's office and the state government did not initiate any action. ``To permit the duo to reap the benefits of their forgery amounts to allowing them to adduce constitutional protection awarded to OBCs,'' Bhoi's petition stated.

After repeated adjournment, the division bench ordered an investigation into the alleged fraud. The bench also directed the competent authority in the municipal council to look into the illegal continuation of two councillors.

The tehsildar and executive magistrate of Bhiwandi have filed an affidavit stating they will file a police complaint against the two councillors in the coming week. The officials of the state social welfare ministry were also present in the court.

Copyright © 1997 Indian Express Newspapers (Bombay) Ltd.