In relief to MLA, Gujarat HC junks caste certificate cancellation

The Gujarat High Court on Wednesday quashed the state-tribal commission's order through which it had cancelled the caste certificate of Independent MLA Bhupendransinh Khant. Court has asked the petitioner to file a reply and with all relevant documents in support of his claim to be a tribal and, at the same time, directed the tribal commission to decide the matter based on new documents by February 22.

The single bench Justice Bela M Trivedi was hearing a petition filed by the Morva Hadaf MLA. He had challenged the order that had cancelled his caste certificate (Tribal caste). His contention was that the state's decision was arbitrary and illegal.

The court was of the view that the state had not given an opportunity to the petitioner and it was against the natural justice. The court observed that the vigilance committee report put before the commission on January 17 and on 19th commission cancels the caste certificate. The state has not given any opportunity of hearing to the petitioner.

The court on Wednesday directed petitioner Khant to submit all relevant documents before the tribal commission by February 7 in support of his claim of being tribal and after hearing the petitioner. The commission should decide the matter by February 22.

Additional Advocate General Prakash Jani's submission was that the petitioner is not tribal, his father is from the OBC community and he has contested Taluka Panchayat election on OBC certificate, even his brother stated before the authority of belonging to OBC community. The petitioner is taking disadvantage of the central government's one resolution in which child of a tribal woman is given an opportunity to be recognized as tribal, even if the woman was married to a male of another caste, the condition is a child should have lived in the tribal area. In the present case petitioner's mother is tribal but has failed to submit supporting evidence that the petitioner has grown up at maternal home and in a tribal area.