KESRIBEN HARIBHAI GAMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for an appropriate writ, direction, order to quash and set aside the impugned order dated 02.06.2014 passed by the respondent No.2 - Election Officer Deputy Mamlatdar whereby the objection raised by the petitioner against the nomination/candidature of the respondent No.5 on the reserved post of Schedule Tribe (adivasi) has been rejected. It is also further prayed for an appropriate writ, direction, order to direct respondent No.2 - Election Officer to cancel the candidature of the respondent No.5 for the post of Sarpanch on the reserved category of Adivasi community post in village Aderan (Tarsang), Taluka Danta, District Banaskantha. A short but interesting question of law which arise in the present petition is that when a woman born in a Schedule Tribe caste marries to a person belonging to a non -Schedule Tribe, whether she lose her status as Schedule Tribe and right to claim reservation as a Schedule Tribe or not?

(2.) The facts leading to the present petition in nutshell are as under : -

(3.) Shri Nilesh Pandya, learned Advocate appearing on behalf of the petitioner has vehemently submitted that respondent No.2 -Election Officer has materially erred in accepting the candidature of respondent No.5 as Schedule Tribe/reserved category of Schedule Tribe though after the respondent No.5 married with the non -Schedule Tribe person, she lose her status of a reserved category/Schedule Tribe.