Sarania was to seek re-election from Kokrajhar. The court dismissed a petition by Sarania challenging a January 12 order of the state-level caste scrutiny committee (SLSC) that cancelled the Scheduled Tribe (ST) certificate issued to him in 2011.
Sarania is a two-term Lok Sabha member from Kokrajhar. Kokrajhar is due to vote on May 7.
Justice SK Medhi said the court didn’t find any “illegality or impropriety” in the SLSC order that quashed Sarania’s ST (Plains) certificate through a reasoned order. “There is not even an iota of evidence or material brought on record by the petitioner at any stage of the proceedings which are prior to the year 2011 pertaining to his claim to belonging to ST(P),” the court observed.
Sarania has served as an independent candidate and later formed the Gana Suraksha Party in 2014.
The court noted that Sarania’s father, who was in government service, also never claimed to be from the Bodo/Bodo Kachari community.“The materials on record which were considered by the SLSC would show that there was no basis for granting the caste certificate to the petitioner in October 2011 that he belongs to the Bodo Kachari community,” the court said.Sarania had earlier alleged conspiracy to thwart his political prospects. He however said that he will file nomination for the seat and move the court with the review petition.In a video message he said, “The Court’s order was not in our favour. I respect the Court’s order. The government agencies have conspired against us. I will file a nomination on April 19 and ask my supporters to join me. On April 20th there will be scrutiny and we have moved the court for stay. I assure the people to remain calm.”
Assam’s advocate general Devajit Lon Saikia said, “The High court delivered a landmark judgement and dismissed his writ petition, and did not give him any relief, effectively debarring him from contesting from any constituency that is reserved for ST or other categories.”
He added, “It was found that he did not belong to the Bodo/kachari community on the basis of which he obtained a certificate. His caste certificate was cancelled. Court was surprised that till 41 years Sarania did not apply for a caste certificate. Certificate was issued with any proper verification.”
He said that the Supreme court had earlier stated in one of the judgements that there should be criminal proceedings against those who obtain the caste certificate fraudulently and also against those who issued it. Those things will follow now.
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