Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Election Laws — Election to Assembly Constituency |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Election Laws — Election to Assembly Constituency — Reserved for Scheduled Caste — Election declared — Election of returned candidate challenged — On the ground that returned candidate being a Muslim did not belong to Scheduled Caste and hence not entitled to contest the election from the constituency reserved for Scheduled Caste — High Court allowed the election petition setting aside the election of returned candidate — On appeal, held:.The returned candidate has proved that though his family followed Islam but they belonged to ‘Doom’ comnumity which is a Scheduled Caste in Punjab under Constitution (Scheduled Castes) Order, 1950 - The candidate was issued a caste certificate which he obtained after his conversion to ‘Sikhism’ — The certificate was duly accepted by Returning Officer ~ His having embraced Sikhism was publicly declared ~ No objection was raised to his conversion to Sikhism ~ A person can change his religion but not the caste, as caste has linkage to birth — Thus, it is duly proved that returned candidate belonged to the Scheduled Caste — Hence, his election was not liable to be set aside - Representation of the People Act, 1951 - s.5(a) ~ Constitution (Scheduled Caste) Order, 1950 — Social Status. |
Judge | Hon'ble Mr. Justice Prafulla Chandra Pant |
Neutral Citation | 2016 INSC 355 |
Petitioner | Mohammad Sadique |
Respondent | Darbara Singh Guru |
SCR | [2016] 4 S.C.R. 372 |
Judgement Date | 2016-04-29 |
Case Number | 4870 |
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