GOKA RAMALINGAM Vs. BODDU ABRAHAM AND ANOTHER

JUDGEMENT

(1.) Cheriyal constituency in Warangal district is a constituency reserved for scheduled castes. At the general election to the Andhra Pradesh Legislative Assembly held in February 1967, three persons stood for election from this constituency and they were Goka Ramalingam, the petitioner in this election petition; Boddu Abraham, the 1st respondent and K. Devadanam, the 2nd respondent to this petition. The petitioner contested the election as as a Congress candidate, the 1st respondent as a Communist candidate and the 2nd respondent as a Swatantra candidate: Public notice of the intended election was given on January 13, 1967; and last date tor filing the nomination papers was January 20, secrutiny of the nomination was done on January 21; polling took place on February 21; votes were counted on February 23, and on the same day the 1st respondent was declared to have been duly elected. He secured 15,195 votes while the petitioner polled 12,735 votes and the 2nd respondent 7,248 votes 2,062 votes were found to be invalid.

(2.) On April 6, 1967, the petitioner filed this election petition challenging the election of the 1st respondent. The allegations in the election petition are as follows: Cheriyal constituency is one reserved for scheduled castes. The respondents herein profess the religion of the Christianity and were therefore not members of a scheduled caste by reason of Rule 3 of the Constitution (Scheduled Castes) Order, 1950.

(3.) The petitioner had learnt only recently that the respondents got themselves converted to Christianity a long time back and they continue to profess the said religion even to this day.