KISHORILAL HANS Vs. RAJA RAM SINGH

JUDGEMENT

(1.) These are two cross appeals from a judgment of the Madhya Pradesh High Court. We shall give the facts of C. A. No. 2123/69 which arises from an election petition filed by the respondent Rajaram Singh an unsuccessful candidate in the High Court under S. 81 of the Representation of the People Act 1951, hereinafter called the 'Act' challenging the election of the appellant who was declared duly elected in February 1967 from the Bhander Asembly Constituency of the State of Madhya Pradesh a seat which was reserved for a scheduled caste candidate.

(2.) The last date for filing the nomination papers was January 20, 1967, the date of scrutiny was January 21, 1967. The poll took place on February 20, 1967. The result of the election was declared on February 21, 1967.The appellant obtained 24,549 votes whereas respondent No. 1 obtained 8096 votes. A number of allegations were raised in the election petition and as many as 12 issues were framed with a number of sub-issues. On all the issues the allegations of respondent No. 1 were negatived with the exception of issue No. 1. That issue was as follows.

(3.) The only question which now survives for consideration is whether the High Court was right in holding that the appellant was not a member of the scheduled caste and was, therefore, disqualified to stand for a seat reserved for a scheduled caste. We may refer to the pleadings of the parties on the point. In the election petition it was alleged in para 6 that the name of the appellant before us, who will hereafter be referred to as the "returned candidate" was not entered in the electoral roll for legislative assembly constituency no. 2 Secondha, district Datia in part No. 81, village Bargawan on serial No. 154. He was a permanent resident of that village within the aforesaid assembly Constituency. The returned candidate belonged to the 'Jatav' caste which was not a scheduled caste declared for the purpose of election for Datia district. He had fraudulently concealed his jatav caste and representing himself to be a Chamar he had stood as a candidate for the Bhander Assembly Constituency. Under the Constitution (Scheduled Castes) Order 1950 and the Scheduled Castes and Scheduled Tribes Lists (Modification) Order 1956 the President of India had declared in respect of District Datia the various castes which were to be recognised as scheduled caste. Item 3 thereof was as follows: