Ahmedabad:

Gujarat High Court Judge Justice Ashutosh J Shastri today recused (refused to hear) himself from hearing the petition of Independent MLA from Morva Hadaf constituency of Panchmahals district in Gujarat, Bhupendra Khant, who has challenged the decision of a scrutiny committee invalidating his caste certificate.

Khant’s counsel Pankajbhai Champaneri said that his client has challenged the decision of the committeev headed by Tribal Development Commissioner R J Makadia, on the ground that he has been denied the opportunity to put forth his side violating the the very theory of natural justice. Other contentions have also been made in the petition.

He said that as soon as the government pleader today informed the court that Additional advocate general P K Jani would appear on behalf of the government in the matter hounorable judge recused himself saying ‘not before me’. (Jani and the judge being relatives).

Champaneri said that now the Chief Justice would allocate the matter to another judge/court for hearing.

Notably the invalidation of the certificate has put Khant’s membership of Gujarat assembly from the ST reserved seat in danger.

Earlier, the same committee had invalidated his caste certificate as ST (Hindu Bhil) last month 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.

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 , who had submitted documents before the committee after HC order, 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 last month. 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