SUBHENDU KUMAR CHOWDHURY Vs. PHANI BHUSAN ROY

JUDGEMENT

(1.) THIS election petition was filed by the election petitioner challenging the election of the Respondent from 45 Maldah (Scheduled Caste) Legislative assembly Constituency held on 19th May, 1982. The case of the election-petitioner is that during the scrutiny of the nomination papers objection was taken by the petitioner to the nomination of the Respondent on the ground that the Respondent was not qualified to be chosen to fill the seat under the pro visions of Article 332 of the Constitution of India and under section 5 (a) of the Representation of the people Act, 1951 inasmuch as the Respondent was not a member of any of the Scheduled Castes. In support of the aforesaid objection, documentary as well as oral evidence was led by the petitioner before the returning Officer to establish that the Respondent was a caste hindu belonging to the caste or sub-caste "saha" which is not a Scheduled Caste as declared by the President of India under article 341 of the Constitution of India. Evidence was led by the petitioner that in old documents the father of the Respondent was described as belonging to Maheswari Vaisya caste. The Respondent, however, claimed that he belonged to the caste "sunri (excluding Saha)" which is a Scheduled Caste in. West bengal. It is alleged that the Respondent could not produce any Scheduled Caste Certificate. in support of his claim but alleged that he had submitted a petition for granting a Scheduled Caste Certificate to him on 22nd April, 1982. It is also alleged that on being asked by the Returning Officer the Respondent produced a few Scheduled Caste Certificates which were allegedly granted to some of his relatives, in which those relatives were shown as members oil the Sunri Community

(2.) IN case of the Scheduled Caste' Certificate of Tarun Kanti saha, son of Hridoy Gobinda Saha upon which the Respondent relied, although Tarun Kanti Saha was granted a Scheduled Caste certificate the application of his father Hridoy Gobinda Saha for a Scheduled Caste Certificate was refused by the Authority. It also appeared that some other relatives of the Respondent including one Bikash Saha, son of Rati Kanta Saha, had made an application for grant of Scheduled Caste Certificate but the application was refused by the authority concerned.

(3.) THE Returning Officer, however, rejected the petition of the election-petitioner by an order dated 26th April, 1982 and accepted the nomination of the Respondent In the said order the Returning Officer, inter alia observed as follows:-