GOKA RAMALINGAM Vs. BODDU ABRAHAM

JUDGEMENT

(1.) This appeal arises from the decision of the Andhra Pradesh High Court dated August 21, 1967 by which an election petition filed by the present appellant Goka Ramalingam to question the election of the answering respondent Boddu Abraham was dismissed. The matter concerns the Cheriyal (Scheduled Caste) constituency in the election to the Andhra Pradesh Legislative Assembly held in February 1967. Three candidates had offered themselves for election. Two of them we have already named, the third is one Devadanam. The answering respondent obtained 15000 and odd, appellant-election petitioner 12000 and odd and Devadanam 7000 and odd votes. The election petition was based only on one issue, namely, that the respondents who had stood for a scheduled caste Reserved seat had "converted themselves into Christianity long time back and they continue to profess the said religion Christianity even today." Under the Constitution (Scheduled Castes) Order, 1950, it is provided as follows:

(2.) It appears that while this case was going on the learned Judge was informed that a Register of all converted Christians was maintained by the church. He accordingly sent for the Register and marked it as Ex. C-1. In the judgment the learned Judge gives his order:pertaining to this action. It reads as follows:

(3.) This Register was inspected by the parties. They went into it with a view to finding out whether the answering respondent and his wife Chinna Mariamma has been converted or not. There was no entry showing that they had been so converted. It appears, however, that the Register did contain two entries showing the conversion of Boddu Kumaraiah and China Buchamma who are now said to be the father and mother of answering respondent. An affidavit has also been filed from the Pastor of the Church in which it is stated that these entries refer to the parents of the answering respondent. Even though the Register was in Court and was open to inspection of the parties, care was not taken to discover these two names, with the result that the case was fought on the original plea and issue that the answering respondent was converted to Christianity. That apparently was not a fact, because if he was born of Christian parents he did not need conversion. That fact, however, is only alleged now before us and not been subjected to proof.