BHAIYA LAL Vs. HARIKISHAN SINGH

JUDGEMENT

(1.) This appeal by special leave arises out of an Election petition filed by respondent No. 1, Harikishan Singh, challenging the validity of the election of the appellant, Bhaiyalal, in a reserved seat in the Beraisia Constituency in the district of Sehore in Madhya Pradesh. The election in question was held in February, 1962; at this election the appellant, respondent No. 1, and three others offered themselves as candidates. The appellant was declared duly elected on the 26th February, 1962 since he had polled the highest number of votes. His next rival was respondent No. 1. By his petition, respondent No. 1 challenged the validity of the appellant's election on the ground that the appellant belonged to the Dohar caste and was not a Chamar. The appellant had filed his nomination paper on the 19th January, 1962 before the Returning Officer at Sehore and had declared that he was a member of the Chamar scheduled caste of the State of Madhya Pradesh in relation to Sehore district. This declaration was accepted by the Returning Officer. Respondent No. 1 contended that Dohar caste was not recognised as the scheduled caste for the district of Sehore and Raisen, and so, the Returning Officer had improperly and illegally accepted the declaration of the appellant as one belonging to the Chamar scheduled caste. Since the appellant did not belong to the scheduled caste in question, he was not entitled to stand for election for the reserved seat in respect of the said Constituency. This is the basis on which the validity of the appellant's election was challenged by respondent No. 1. On the other hand, the appellant urged that the election petition filed by respondent No. 1 was not maintainable inasmuch as he had not deposited the security of Rs. 2,000 in the manner prescribed by the statutory rules.

(2.) On these pleadings, the Election Tribunal framed appropriate issues. The first four issues covered the principal contention raised by respondent No. 1 against the validity of the Appellant's nomination as a member belonging to the Chamar scheduled caste, whereas the fifth issue related to the appellant's contention about the incompetence of the election petition filed by respondent No. 1. Both parties led evidence in support of their pleas on the principal point of dispute between them. The Election Tribunal considered the oral evidence adduced by the parties, examined the documents on which they respectively relied, and found in favour of respondent No. 1. In regard to the plea raised by the appellant against the competence of the election petition, the Tribunal found against him. In the result, the election petition was allowed and the appellant's election declared invalid.

(3.) Against this decision of the Election Tribunal the appellant preferred an appeal to the Madhya Pradesh High Court. Before the High Court, the same two points were urged. The High Court has confirmed the finding of the Election Tribunal on both the points. It has held that the election petition filed by respondent No. 1 was valid and the security deposit was made by him in accordance with the statutory requirements. On the merits of the controversy as to whether the appellant was a Chamar by caste and as such was entitled to be elected for the reserved seat in the Constituency in question, the High Court, in substance, has agreed with the conclusion of the Election Tribunal. In consequence, the appeal preferred by the appellant was dismissed on the 23rd April, 1963. It is against this decision that the appellant has come to this Court by special leave.