M.R. Shah, J.

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?

The facts leading to the present petition in nutshell are as under:-

1.1 That the respondent No. 5 herein admittedly was born in a family belonging to Adivasi/Schedule Tribe. That subsequently she married with one Dashrathji Sardarji Bandi - Hindu Thakarda - non-Schedule Tribe. That the respondent No. 5 filled in the candidature/form for the post of Sarpanch of village on the reserved post of Adivasi/Schedule Tribe as a Schedule Tribe candidate as well as a general candidate (woman). However, basically, the respondent No. 5 submitted the candidature as reserved category of Schedule Tribe. That the petitioner herein raised an objection before the Election Officer against her candidature as Schedule Tribe - reserved category of Adivasi community on the ground that after her marriage with a non-Schedule Tribe person, she lose her status as such and right to claim any benefit as a Schedule Tribe/reserved category of Schedule Tribe and therefore, her candidature on the reserved category is required to be rejected. That by impugned order dated 02.06.2014, considering the certificates dated 28.05.2014 issued by the Talati cum Mantri, Gana Pipri and the caste certificate dated 30.05.2014 issued by the competent Authority - Planning Officer and Taluka Development Officer, Danta certifying that the respondent No. 5 belongs to Schedule Tribe, has rejected the objection raised by the petitioner and has accepted the candidature of the respondent No. 5.

Feeling aggrieved and dissatisfied with the impugned order dated 02.06.2014 rejecting the objection raised by the petitioner against candidature of respondent No. 5 as Schedule Tribe and as reserved category candidate, the petitioner has preferred the present Special Civil Application under Article 226 of the Constitution of India.

2. 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.

2.1 It is further submitted by Shri Pandya, learned Advocate appearing on behalf of the petitioner that the Election Officer has materially erred in rejecting the objection raised by the petitioner against the candidature of respondent No. 5 as reserved category/Schedule Tribe. It is submitted that as such even the Talati cum Mantri, Aderan in the certificate dated 30.05.2014 also issued a certificate that the respondent No. 5 belongs to Hindu Thakarda. It is submitted that despite the same, the Election Officer has accepted the candidature of respondent No. 5 as reserved category candidate of Schedule Tribe.

2.2 It is further submitted by Shri Pandya, learned Advocate appearing on behalf of the petitioner that it is an admitted position t