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COMMISSION’S OPINION DATED 23.04.2019- REFERENCE FROM HON’BLE GOVERNOR OF GUJARAT ORDER DATED 02.05.2019- DISQUALIFICATION OF SHRI BHUPENDRASINH VECHATBHAI KHANT, MLA FROM THE 125 –MORVA HADAF (ST) AC, GUJARAT
Allegation of disqualification- for- holding false Scheduled Tribe certificate
Constitution of India- disqualification under Article 191(1)(e)- Held- guilty- Respondent did not inherit tribal status of mother.
The Election Commission held that the Respondent was unable to establish his tribal status and committed fraud upon the Constitution by contesting elections from a reserved constituency.
Decision: Maintainable