DIDAR SINGH CHEEDA Vs. SOHAN SINGH RAM SINGH

JUDGEMENT

(1.) THIS appeal under section 116-A of the Representation of the People Act. 1951 (hereinafter called the Act) is directed against the order of the Election Tribunal dated 28-8-1904 by means of which the election petition filed by Shri Sohan Singh challenging the election of Shri Didar Singh was allowed and the impugned election set aside. Before us the appellant has assailed the decision on issues Nos. 1 and 4.

(2.) IN so far as issue No. 4 is concerned, the learned counsel for the respondent has very frankly expressed his inability to support the decision of the learned tribunal. This issue relates to the poster 'annexure H' which was admittedly published by Shri Ajit Singh. the election agent of Didar Singh the returned candidate, and the only question centred round the contention that this poster contained an appeal to the voters hit by section 123 (3) of the Act. The poster, which has been reproduced in the order of the learned Tribunal, merely emphasises that Didar Singh had joined the 16th Shahidi jatha during the Akali movement and had participated in the guru ka bagh morcha. After that according to the poster, Didar Singh joined as a volunteer in the jatha of Gangsar Jaito which was fired at, and for that act he courted imprisonment for one month. Later he joined Jathas which took possession of Gurdwra Khadur Sahib and Gurdwara Lohgarh sahib. During the British regime, land revenue, payable by the farmers was increased and a Kisan morcha was arranged at Lahore in which Didar Singh took a prominent part in sympathy with the Kisans. Again, he helped the poor people and warrants of arrest were issued against him in that connection. He also issued against him in that connection. He was also imprisoned for one month for taking part in Punjabi Suba agitation. Didar Singh has in this poster been praised as a tried soldier and a candidate of the Communist party who had been rendering service to the people and would continue to do so. The learned Tribunal has, however, considered this poster to be objectionable because of the reference to didar Singh having joined the 16th Shahidi jatha during the Akali movement and to have participated in the guru ka bagh morcha and also to have later joined as a volunteer in the jatha of Gangsar Jaito. This reference, according to the learned tribunal, shows that by means of this poster an appeal was made to Sikh voters of the constituency to vote for Shri Didar Singh in consideration of his services to the sikh religion. After referring to the history of the guru ka bagh agitation, the learned Tribunal has concluded that section 123 (3) of the Act is attracted. In my opinion, the view of the learned Tribunal is contrary to the ratio of the Supreme court decisions in Kultar Singh v. Mukhtian Singh, AIR 1965 SC 141, and Jagdev singh Sidhanti v. Partap Singh. 1964 Cur LJ (SC) 231 : (AIR 1965 SC 183) Since the respondent has not attempted to support the conclusion of the learned tribunal, it is un-necessary to say anything more on it. The decision on issue No. 4 is accordingly reversed and the poster Annexure 'h' held innocuous and unobjectionable.

(3.) COMING to issue No. 1, the question canvassed at the bar relates to the qualification of Didar Singh as a member of the Scheduled Caste to contest the election in dispute in that capacity. In the election petition, it has been urged that didar Singh is not a member of the Scheduled Caste as declared by the constitution (Scheduled Caste) Order 1950, and that he wrongly represented himself to be a Ramdasi or Ramdasia. In fact, so proceeds the election petition. Didar Singh belongs to Rehtia caste which has not been declared to be a scheduled Caste. As the constituency in question is a reserved constituency Didar singh had no right to contest the election from this constituency. We are at this stage not concerned with the other objection that the successful candidate's real name is Dalbar Singh and not Didar Singh because this allegation was repelled by the Tribunal and has not been agitated before us. The learned Tribunal has come to the conclusion that Didar Singh is a Rehtia by caste which is not a declared scheduled Caste and, therefore, he was not qualified to be chosen to fill a seat in the Legislative Assembly reserved for Scheduled Castes.