DIGAMBARRAO BINDU Vs. DEORAO KAMBLE

JUDGEMENT

(1.) THIS is an appeal from a decision of the Election Tribunal holding that the election of Harihar Sonule to the Lok Sabha was valid and dismissing the petition filed by the defeated candidate Digambar Rao Bindu. Now, the constituency, with which we are concerned, is a two member constituency of Nanded, and one of the two seats is reserved for the Scheduled Caste. In the general election, the result of the votes obtained by the four candidates was as follows: Kamble, a member of the Scheduled Caste obtained .. .. 1,77,268Hari Har Sonule obtained .. .. 1,49,663Digambar Rao Bindu obtained .. .. 1,46,686andVajendra Kabra obtained .. .. 1,32,075 Kamble was declared elected to the reserved seat and Sonule was declared elected for the other seat which was not reserved, and it is the election of Sonule which was challenged by the petitioner.

(2.) WE had a very able and interesting argument presented to us on behalf of Bindu by Mr. Ekbote, and his main contention is that inasmuch as Sonule was nominated for the reserved seat and was not nominated for the general seat, Sonule can only be elected for the reserved seat and cannot be elected for the general seat. Now, in our opinion, that contention overlooks the basic principles of Election law in our country and the principle underlying the reservation of seats. Before we deal with the technical aspect of the matter -and after all the Election law is a technical law -let us consider the broad and general aspect of the matter. Our Constitution contemplates only one class of citizens. It makes no distinction between a citizen and a citizen on grounds of caste, community or colour and in order to carry out both the idea of common citizenship and a secular State, it provides for one Common Electoral Roll; and every one, who is a citizen, and who has attained a certain age and who is not otherwise disqualified, is entitled to be on this common roll and elections are held from each constituency delimited for that purpose by citizens on the roll voting for those who stand for election. The one unusual feature, which our Constitution has introduced and which one does not find in the Constitution of other countries, because conditions in our country are different, is that certain special rights are conferred upon members of the Scheduled Caste and Scheduled Tribes.

(3.) NOW , a member of the Scheduled Caste is as much a citizen as a member of any other caste. He is on the same electoral roll; he has the same right to vote and he has the same right to be elected. Therefore, the reservation does not mean that if there is a two member constituency and one seat is reserved for the Scheduled Caste, only one member of the Scheduled Caste can be elected to the Parliament, Reservation means that at least one member should be elected. There is nothing in law to prevent both the seats being held by members of the Scheduled Caste and electors voting for two members of the Scheduled Caste to represent them in Parliament. It is not as if the Constitution while setting its face against separate electorates and separate rolls permits a sort of eompartmental election in a multi -member constituency where a reservation is made for a member of the Scheduled Caste. The election is not compartmental. The election is general, and it is only when the results are declared that the question arises whether the reservation clause has come into play or not. Now, take this very election; it was a two -member constituency and one seat was reserved for the Scheduled Caste. Inasmuch as Kamble topped the poll and as he was a member of the Scheduled Caste, he was automatically elected and strictly the principle of reservation had not to be invoked. That principle would have to be invoked only if the first two seats had gone to persons who were not members of the Scheduled Caste. Then the Returning Officer would have had to look at the list and find out a member of the Scheduled Caste who obtained the highest number of votes. But, as we have just observed, inasmuch as Kamble received the confidence of his voters and was brought in at the top of the poll, in reality he came in not as a result of reservation but as a result of securing the highest number of votes from the electors. Kamble having been elected, no further question with regard to the Scheduled Caste arose and whoever was the person who stood second had the right to be elected.