SHUBNATH DEOGAM Vs. RAM NARAIN PRASAD

JUDGEMENT

(1.) In the General Elections of 1957, the appellant was returned to the Bihar Legislative Assembly for the Manoharpur constituency in the district of Singhbhum. He is an Adibasi belonging to the 'Ho' community. The electors for that constituency largely belonged to the Adibasi communities of Hos, Mundas and Oraons. There are also people from Madhya Pradesh and other people belonging to communities other than Adibasis, there. The Hos and Oraons speak their own respective languages and the non-Adibasi population is largely Hindi speaking. It may be that some members of the Adibasi communities speak Hindi also.

(2.) The appellant had been set up as a candidate by the Jharkhand party and was supported by that party in the election. The object of the party is to have a separate administrative unit for what it calls the Jharkhand area. This is an area consisting of parts of Bihar, Orissa, Bengal and Madhya Pradesh and is inhabited largely by Adibasis. It is not the object of the Jharkhand party to have a separate State for the Adibasis alone but its object is to include in Jharkhand all people of whatever community, living in that area and the membership of the party is open both to Adibasis and non-Adibasis.

(3.) The symbol chosen by the party for the election was a cock. This symbol was recognised by the Election Commission.