The Gujarat High Court Tuesday admitted an appeal petition moved by Independent MLA Bhupendrasinh Khant challenging the order of a single bench of the High Court which had rejected his petition against cancellation of his caste certificate.
The division bench of acting Chief Justice Anant S Dave and Justice Biren Vaishnav admitted the petition and have scheduled the hearing for February 26.
Last year, Khant’s certificate of ‘Hindu Bhill’ was cancelled by state tribal development commission against which he moved the High Court. A single bench of the High Court had upheld the decision of the commission and rejected his petition.
The court order stated that Khant’s mother belongs to Bhill tribal community while his father is from a non-tribal community which is Khant – Hindu Soni. It stated that in case of inter-caste marriage a child would acquire caste of his father.
The order also stated that Khant did not submit any evidence to rebut the presumption.
He produced his school leaving and birth certificates identifying him as member of scheduled tribe Hindu Bhil.
Based on this certificate, he had contested the Assembly election from Morva Hadaf seat in Panchmahals. This seat is reserved for Schedule Tribe candidates.
He contended before the court that his mother was deserted by his father after his birth. But the court did not consider his arguments on the ground that there was no evidence to suggest this.
The order stated “if the petitioner was deserted by his father, his father would not have opened the school in his name, where the petitioner also studied in 1993-94. It also appears that his father owned a fair price shop at village Viraniya, as a member belonging to SEBC which was transferred to the petitioner as his legal heir.”