Supreme Court Restores Criminal Case Against Ex-MLA For Allegedly Using Fake Caste Certificate In Election

The Supreme Court on Tuesday (October 14) restored the criminal case against former MLA Rajendra Singh and others accused of fraudulently procuring a Scheduled Caste certificate to contest elections from a reserved constituency of Guna, Madhya Pradesh.

A bench of Justices BV Nagarathna and KV Viswanathan set aside the MP High Court's Gwalior Bench order, which held a mini-trial, despite having a prima facie case, stating that once a complaint discloses prima facie offenses of cheating, forgery, and conspiracy, the matter must go to trial and cannot be interfered at the quashing stage.

The complainant alleged that Rajendra Singh, historically recorded as belonging to the General Category, obtained a fraudulent Scheduled Caste (Sansi) certificate in 2008, enabling him to contest and win from the Guna (SC Reserved) constituency.

A High-Powered Scrutiny Committee later cancelled the certificate, finding it was issued illegally and without adherence to mandatory procedures. The Committee's order was upheld by the Madhya Pradesh High Court and, ultimately, the Supreme Court in 2013.

Subsequently, a private criminal complaint was filed in 2014, alleging offenses under Sections 420 (cheating), 467, 468, 471 (forgery-related offenses), and 120-B (criminal conspiracy) of the IPC.

Setting aside the High Court's ruling, the judgment authored by Justice Viswanathan observed:

“We have summarized the complaint in the earlier part of the judgment. As would be clear from the averments summarized above, it could not be said that on a reading of the complaint and the unimpeachable documents that no offence under Sections 420, 467, 468, and 471, IPC, against accused-Rajendra Singh and Sections 420, 467, 468, 471 read with Section 120B, IPC, against accused-Amrik Singh, Harvir Singh and Smt. Kiran Jain are prima facie made out. No doubt the ultimate outcome will be subject to further proof at the trial.”

“It is clearly alleged in the complaint that Rajendra Singh and Amrik Singh belong to General category and always held out themselves to be belonging to General category and only for the purpose of contesting the election as a reserved candidate on the eve of the election submitted documents and affidavits and panchnama for obtaining the caste certificate. We have also perused the order taking cognizance. The learned Trial Judge has meticulously applied his mind and sifted the chaff from the grain and out of twelve accused arrayed has, for the reason adduced, taken cognizance only against the four respondents-accused herein.”, the court added.

Accordingly, the appeal was allowed, and the case was restored to the trial court's file with a direction that the trial should be completed within one year.

Cause Title: KOMAL PRASAD SHAKYA VERSUS RAJENDRA SINGH AND OTHERS

Citation : 2025 LiveLaw (SC) 1004

Click here to read/download the judgment

Appearance:

For Appellant(s) : Ms. Manju Jetley, AOR Mr. Anuj Bhandari, AOR Mr. Anuj Bhandari, Adv. Mr. Gaurav Jain, Adv.

For Respondent(s) : Mr. Rajesh Singh, AOR Ms. Ruchi Kohli Sr.advocte, Adv. Ms. Srishti Mishra, Adv. Mr. Rishi Tutu, Adv. Mr. Kashitij Mayank, Adv. Mr. Srijan Sahu, Adv. Mr. Ravinder Pal Singh, Adv. Mr. Mahi Pal Singh, Adv. Mr. Yashraj Singh Bundela, AOR Mrs. Pratima Singh, Adv. Ms. Saloni Singh, Adv. Mr. Arpit Garg, Adv. Mr. Dhirendra Singh Parmar, A.A.G. Mr. Pashupathi Nath Razdan, AOR Mr. Aditya Vaibhav Singh (ga), Adv. Ms. Maitreyee Jagat Joshi, Adv. Mr. Astik Gupta, Adv. Ms. Akanksha Tomar, Adv. Mr. Anuj Bhandari, AOR Mr. Anuj Bhandari, Adv. Mr. Gaurav Jain, Adv. Mr. Manish Kumar Srivastava, Adv. Mr. Hardik Vashisht, Adv. Mr. Birendra Kumar Mishra, AOR Ms. Poonam Atey, Adv. Mr. Sirajuddin, Adv.