Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Representation of People Act 1951: s.100(1)(a) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Representation of The People Act, 1951 (43 of 1951) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Representation of People Act, 1951: s.100(1)(a) - Election of appellant to the House of People from the Mavelikkara Parliamentary Constituency reserved for the Scheduled Castes - Challenged on the ground that the appellant was a Christian and not a Scheduled Caste and therefore, not qualified to be chosen to fill a seat in the House of People u/s.4(a) of the Act - High Court declared his o election void u/s.100(1)(a) of the Act - On appeal, held: The father of the appellant originally was a member of the Cheramar caste which was admittedly a Scheduled Caste in the State of Kerala - His father due to poverty had availed various reliefs from Christian Missionaries and was known as 'Joseph' - On conversion to Christianity, the father of the appellant ceased to be a member of the Cheramar caste - However in 1978, appellant underwent an expiatory ceremony and reconverted himself to Hinduism and was thereafter accepted as a member of Cheramar caste - Evidence clearly showed that the appellant had not only unequivocally expressed the intention of reconverting to Hinduism in 1978, but also conducted himself since 1978 in a manner true to the faith of Hindu religion by marrying a Hindu in accordance with the ceremonies of the Hindu religion and had been visiting Hindu temples for worship of different idols and had in fact abjured the Christian religion - Appellant had reconverted to Hinduism in 1978 after fully realizing the religious significance and social consequences of his decision to reconvert to Hinduism - Therefore conversion of appellant at the age of 16 years was not invalid conversion to Hinduism -Appellant was actively working for the upliftment of the Cheramar community and was accepted and admitted into the fold of Hindu Cheramar Community by its members who were Cheramar Hindus - In four earlier elections, appellant got elected from the Adoor Parliamentary Constituency reserved for Scheduled Caste - All these circumstances clearly established that the appellant after his reconversion to Hinduism in 1978 was accepted by the members of the Cheramar caste - Accordingly his election was not void u/ss.100 (1)(a) and 100 (1)(d)(i) of the Act. |
Judge | Hon'ble Mr. Justice A.K. Patnaik |
Neutral Citation | 2011 INSC 390 |
Petitioner | Kodikunnil Suresh @ J. Monian |
Respondent | N.s. Saji Kumar, Etc. Etc. |
SCR | [2011] 7 S.C.R. 640 |
Judgement Date | 2011-05-12 |
Case Number | 6391-6393 |
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