Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Representation of the People Act 1951: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Representation of the People Act, 1951: ss. 5 and 100(1)(a) - Election in State Assembly Constituency reserved for Scheduled castes-Election of returned of candidate challenged on the ground that he did not belong to Scheduled Caste - HELD: In view of ss. 5 and 100(1)(a) r/w Article 173 of the Constitution, if a candidate, who contests election from the Constituency reserved for Scheduled Castes, is shown in a proceeding challenging his election, as not belonging to a Scheduled Caste, his election is liable to be declared as void - On facts, from the oral and documentary evidence adduced by the election-petitioner, it has been established that the returned candidate did not belong to 'Lahar' Scheduled Caste as claimed by him, but was of 'Tarkhan 'caste which was not a Scheduled Caste in the State and, as such, his election is declared to be void - Constitution of India, 1950 - Article 173.Evidence Act, 1872:s. 72 - Relevancy of entries in public record made in performance of duty - School admission and withdrawal registers, Pariwar Registers and Birth Register showing the caste of the candidate and his family - HELD: All these public records were produced by authorities of respective Government Institutions duly summoned and examined by court as PWs - Entries in these records in regard to age, caste etc. are considered as relevant and admissible - High Court erred in ignoring entries in these documents-Punjab Police Rules, 1934 - rr. 22. 45 and 22.66 - Representation of the People At, 1951 - ss. 5 and 100(1)(a).s. 90 - Presumption as to documents thirty years old-Application for admission given to Government Secondary School showing the caste of the candidate and his family - HELD: Documents are thirty years old and attract the presumption u/s 90 - Punjab Police Rules, 1934 - rr. 22.45 and 22.66 - Representation of the People At, 1951 - ss. 5 and 100(1)(a).Judicial Notice - Caste certificate issued by Executive Magistrate - HELD: Such caste certificates are not given after a thorough investigation - When school records show a particular caste, the caste certificates issued to the candidate and his relatives by Executive Magistrate showing a different caste should be ignored - Social status certificates.The appellant and the respondent both, claiming themselves to be members of Scheduled Castes, contested election for Member of Legislative Assembly from 35-Gangath (SC) Assembly Constituency in the State of Himachal Pradesh held on 26.2.2003, and the respondent having secured the highest number of votes was declared as elected. The appellant challenged the election of the respondent in an election petition before the High Court on the ground that he did not belong to 'Lobar' caste, as claimed by him through a caste certificate dated 16.12.1991 issued by the Executive Magistrate, but belonged to 'Tarkhan' Caste which was not a Scheduled Caste in the State. The respondent resisted the election petition on the ground that he was 'Lobar' which was a Scheduled Caste, and as such, was eligible and qualified to contest the election from the Constituency concerned. The High Court held that the election petitioner failed to prove that the returned candidate did not belong to Scheduled Caste (Lobar) and, as such, dismissed the election petition.In the instant appeal filed by the election petitioner under s.116-A of the Representation of the People Act, 1951, the question for consideration was: Whether the appellant-election petitioner proved that the respondent-returned candidate did not belong to 'Lobar' caste - a Scheduled Caste in the State of Himachal Pradesh? |
Judge | Honble Mr. Justice K.G. Balakrishnan |
Neutral Citation | 2007 INSC 1212 |
Petitioner | Deshraj |
Respondent | Bodhraj |
SCR | [2007] 12 S.C.R. 757 |
Judgement Date | 2007-11-30 |
Case Number | 4676 |
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