SANDIPAN BHAGWANT THORAT Vs. RAMDAS BANDU ATHAVALE

JUDGEMENT

(1.) THIS petition has been filed under the provisions of section 81 of the Representation of the People Act, 1951, challenging the election of the respondent as a member of the Lok Sabha from the Pandharpur constituency, which is reserved for the candidates belonging to the scheduled caste. The result of the election was declared on 7-10-1999. The petitioner and the respondent were candidates at the election. The respondent had claimed, in his nomination paper that he belongs to Mahar caste, which is a scheduled caste.

(2.) THE petitioner, in the petition, claims that the respondent does not belong to Mahar caste. He claims that the respondent does not belong to scheduled caste, therefore, he was not eligible to be a candidate from the Pandharpur Constituency. According to the petitioner, the date on which Act No. 15 of 1990, which amends the Constitution (Scheduled Castes) Order, 1950 came into force, the respondent was already professing Buddhist religion, therefore, he cannot claim that he belongs to the scheduled caste.

(3.) THE respondent opposes the petition. He claims that he belongs to Mahar caste. He submits that in support of his claim he had submitted a caste certificate issued by competent authority and therefore the Returning Officer accepted his nomination paper. He submits that because he belongs to Mahar caste, which is a scheduled caste, though he professed Buddhist religion, he is entitled to contest from the Pandharpur constituency, because of the amendment brought about by Act No. 15 of 1990 in the Constitution (Scheduled Castes) Order, 1950. He claims that this a frivolous petition, therefore, the petition should be dismissed with exemplary costs.