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    <title>2005 (1) TMI 753 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=302917</link>
    <description>Reservation for Scheduled Tribe seats is available only to a person who genuinely belongs to the tribe by birth. On the evidence, the appellant failed to prove that she was a Bhagatha Scheduled Tribe member; prolonged cohabitation of her parents supported a presumption of marriage, but the record did not establish tribal status or any legal impediment from prior marriages. The Court also held that marriage to a Scheduled Tribe member does not itself confer tribal status, and a community certificate under the 1993 Act is only evidentiary and does not conclusively establish eligibility in an election challenge. The election invalidation was upheld.</description>
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    <pubDate>Fri, 28 Jan 2005 00:00:00 +0530</pubDate>
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      <title>2005 (1) TMI 753 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=302917</link>
      <description>Reservation for Scheduled Tribe seats is available only to a person who genuinely belongs to the tribe by birth. On the evidence, the appellant failed to prove that she was a Bhagatha Scheduled Tribe member; prolonged cohabitation of her parents supported a presumption of marriage, but the record did not establish tribal status or any legal impediment from prior marriages. The Court also held that marriage to a Scheduled Tribe member does not itself confer tribal status, and a community certificate under the 1993 Act is only evidentiary and does not conclusively establish eligibility in an election challenge. The election invalidation was upheld.</description>
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      <pubDate>Fri, 28 Jan 2005 00:00:00 +0530</pubDate>
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