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This is an archive article published on April 26, 2012

Muslim wins reserved seat,SC panel says unconstitutional

This comes after the PSCC recently directed Ludhiana Deputy Commissioner Rahul Tewari to cancel Sadique’s SC certificate on the ground that he was a Muslim and thus,not eligible to contest Assembly polls from a reserved seat.

Punjabi folk singer and Congress MLA from Bhadur,Mohammad Sadique,who holds a Scheduled Caste certificate despite being a Muslim,can heave a sigh of relief with it being decided that his certificate can only be cancelled by a three-member scrutiny committee of the state government and not on the recommendation of the Punjab Scheduled Caste Commission (PSCC).

This comes after the PSCC recently directed Ludhiana Deputy Commissioner Rahul Tewari to cancel Sadique’s SC certificate on the ground that he was a Muslim and thus,not eligible to contest Assembly polls from a reserved seat. In a letter to Tiwari,the Commission has stated that a Muslim cannot avail the status of SC as per the Constitution. Bhadur is a reserved constituency.

According to a government notification,there is a fixed procedure before a social status certificate can be cancelled. For this purpose,the state government has a three-member scrutiny committee. The committee first has to issue a showcause notice to the candidate and give him time to file a representation and appear before them. Only after hearing the arguments of both sides,it can take a final decision.

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The PSCC has been also directed that all such certificates issued earlier should also be cancelled and the compliance report sent to it every month.

“We will write to the Commission that they should approach the scrutiny committee,as it can only take decisions on these type of cases. We cannot cancel the SC certificate on its recommendation,” said Rahul Tewari on Wednesday.

PSCC member Dalip Singh Pandhi had complained to the Election Commission that Sadique did not belong to the SC category and thus not eligible to contest from a reserved seat. “I had complained to the Election Commission in this regard but it did not take any action. So,I started collecting information myself. A Muslim cannot be a SC,only Sikhs and Hindus can come in the SC category. I have papers to prove my point,” said Singh.

The Commission had based its recommendation on a letter issued by former social welfare secretary T R Sarangal in 2009,which had directed all deputy commissioners to cancel certificates of Doom caste candidates who were Muslims. Sadique is a Doom by caste and was issued the SC certificate in 2006.

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Sadique won from Bhadaur after defeating retired bureaucrat Darbar Singh Guru. Guru had also challenged Sadique’s election in the high court on this very ground. The petition is set to be heard on May 17.

“A lobby is working against me to remove me as the MLA,as D S Guru cannot adjust to the fact that he had lost the elections. My certificate is genuine and I follow the Sikhs tenets. Today,Dalits have also contacted me and assured me full support,” Sadique said.

When contacted,chairman of the Punjab SC Commission,Rajesh Bagha,said: “We are inquiring into the matter.”

Amarinder warns govt

CHANDIGARH: State Congress president Captain Amarinder Singh on Wednesday warned the SAD-BJP government against any move to cancel the SC certificate issued to Bhadaur MLA Mohd Sadique. “We will use all legal and democratic methods,including mass protests,in case the government resorts to any such arbitrary and unconstitutional practice once again to disqualify a duly and democratically elected legislator,” he said.

Capt remarks contradictory: SAD

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Chandigarh: Shiromani Akali Dal described the statement issued by Punjab Pradesh Congress Committee Chief Capt Amarinder Singh as self contradictory,politically motivated and aimed at subverting the constitutional and legal practices. SAD Secretary and spokesman Dr Daljit Singh Cheema said,“On one hand Singh is saying that matter is subjudice and on the other hand he is openly criticising a purely legal issue as well as threatening mass protests. This action is direct attempt to subvert the judicial system and a clear cut case of contempt of court.” Cheema further said that it must be clear to the state Congress Chief that in Mohammed Sadique’s case,the SAD candidate Darbara Singh Guru has moved theHigh Court on his own and this is his fundamental and constitutional right.

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