Ahmedabad:

In a major jolt to Independent MLA from Morva Hadaf constituency of Panchmahals district in Gujarat, Bhupendra Khant, the Gujarat High Court today upheld the decision of a scrutiny committee invalidating his caste certificate.

The invalidation of the caste certificate of Khant can put his membership of the assembly from the seat in danger.

However, Khant today said that he would approach a higher court (double bench of the high court and if necessary later supreme court) to challenged the order.

The single bench court of Justice Bela Trivedi today rejected the plea of Khant. In the petition the MLA had contended that violating the theory of natural justice he was not given a chance to put his side. It also said that as per the related rules laid by the union government he was actually a member of ST community.

Earlier, the committee headed by Tribal Development Commissioner R J Makadia, had invalidated his caste certificate as ST (Hindu Bhil) after which on January 24, the Gujarat HC gave him partial relief quashing the earlier order of the committee and instructed it to hear Khant and take a decision accordingly by February 21. The committee again invalidated it.
He then moved court again.

Notably, 38 year old Khant, son of an OBC father V K Khant and ST mother and former Congress MLA from the same seat, late Savita Khant who died of a cardiac arrest soon after her victory in 2012, has filed a petition in the court again challenging the scrutiny committee decision.

Khant, who had contested the seat as an independent revolting with his party Congress and emerged victorious had later announced his support to the party. Congress had given the seat to its ally Bhartiya Tribal Party led by Chhotu Vasava. Later a complaint challenging his caste certificate was filed before the administration for the examination of which the committee was constituted.

Khant maintained that there was nothing wrong with his caste certificate but he was being targeted owing to political reasons. As per law the son of a non-tribal father and tribal mother was entitled to be treated as ST.

Interestingly Congress had expelled him owing to his candidature as independent but the party apparently put the red carpet before him following his victory. He had also met Congress president Rahul Gandhi in Ahmedabad in December last year. BTP candidate Kalpesh Damor who lost against him as Congress supported candidate was also said to be instrumental in raking up his caste certificate issue.

DeshGujarat