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JSM opposes fielding of non-tribal candidates in ST reserved constituencies

Sentinel Digital DeskBy : Sentinel Digital Desk

  |  23 March 2015 12:00 AM GMT

From our Correspondent

KOKRAJHAR, Machr 22: Jajati Suraksha Manch (JSM) and some people of BTC have informed through their letters to the concerned Deputy Commissioners and Sub-Divisiol Officers (C) that the Gauhati High Court in an interim order in WP2580/2014 case observed that Saranias were not enlisted communities on the constitutiol (Schedule Tribe) order, 1950 amended till date, although All Assam Tribal Sangha issued caste certificates to such persons as Borokachari. The court ordered All Assam Tribal Sangha not to issue tribal certificate to such people of non-notified communities. The order implies that any such certificate issued to Saranias or other non-notified communities under the grab of Borokachai or Rabha is void.

In a press statement, JSM secretary Ashok Kr. Brahma and advisor Jaklal Basumatary said that some people of Sarania and Modahi non-notified communities obtained tribal certificate under the garb of Borokachari or Rabha notified communities, by using surmes like Sarania, Deka, Dekaraja, Modhi, Modahi, Hazarika, Saikia, Das, Thakuria and Talukdar, which was void because these surmes were not surmes of Borokachari or Rabha communities. These are surmes used by Sarania, Modahi and other communities. Borokachari and Rabha have their distinct surmes.

The release further stated that the persons holding caste certificate as Borokachari or Rabha by using Sarania community surmes were not Scheduled Tribes. Thus they were not eligible to contest election in Scheduled Tribe reserved constituencies. They said it was also informed that as per the Supreme Court’s order in Kumari Modhuri Patil and other Vs the Government of Maharastra (1995 AIR94, 1994 Sec.(b)241), the certificate issuing authority should not be below the rank of Deputy commissioners or subdivisiol officer (c). All Assam Tribal Sangha being a non-governmental authority had no authority either to issue such certificate or to enquire whether a particular person of non-notified community belonged to other notified community. Thus certificate issue by such organization was no certificate at all and automatically void.

The release said that in spite of that if the DCs and SDOs (c) as returning officers considered such certificates as valid and accepted nomition papers of such candidates, they would invite necessary action under IPC and Prevention of Tribal atrocities Act, 1989, said the JSM leaders.

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