- (1.) The appellant, S. Rajagopal, the respondent C. M. Armugam, and the other three respondents all filed nominations for election to the Legislative Assembly of the State of Mysore in the last General Elections held in 1967. The nomination papers were scrutinised on 21st January 1967, when respondent No. 1 (hereinafter referred to as "the respondent") raised an objection against the nomination of the appellant on the ground that the nominations were in respect of a seat reserved for a member of a Scheduled Caste, and the appellant was not an Adi Dravida Hindu, but an Indian Christian, so that he was disqualified to stand as a candidate for this reserved seat. The Returning Officer rejected the objection and accepted nomination paper of the appellant. Respondents Nos. 2 to 4 withdrew their candidature, so that, when actual election took place, the two contesting candidates were the appellant and the respondent. The Constituency concerned was Kolar Gold Fields and polling in that constituency took place on 15th February, 1967. The appellant was declared as the successful candidate on the ground that he received a larger number of votes than the respondent. The respondent then filed an election petition under Section 81 of the Representation of the People Act, 1951, challenging the validity of the election of the appellant on the same ground that he had taken before the Returning Officer, viz., that the appellant was not qualified to be a candidate to fill the seat reserved for a member of the Scheduled Caste from the Kolar Gold Fields Constituency. The respondent admitted that the appellant was originally born as an Adi Dravida Hindu, but it was pleaded that he got himself converted as a Christian some time in the year 1949, shortly before he obtained admission in Woorhees High School at Vellore and to the Woorhees Christian Hostel attached to that School. The respondent's case was that, thereafter, the appellant continued to be a Christian and, consequently, he could not be held to be a member of the Scheduled Caste for his candidature for the reserved seat under the constitution (Scheduled Castes) Order, 1950. The appellant resisted this plea taken in the election petition on various grounds, but we are only concerned in this appeal with two of those grounds which formed the subject-matter of issues 1 and 3 framed by the High Court of Mysore at the trial of the election petition. Those issues are as follows.:- " (1) Does the petitioner prove that on the date of election the respondent No. 1 was an Indian Christian (Protestant) by conversion and not a member of the Scheduled Caste (Adi Dravida), professing Christian Religion and therefore, not qualified to stand for election to the Mysore Legislative Assembly as a candidate for the seat reserved for Scheduled Castes from the Kolar Gold Fields Constituency and his election should be declared void under Section 100 (1) (a) of the Representation of the People Act, 1951 * * * * * (3) Even if it is true that Respondent No. 1 got himself converted to Christianity, does the respondent prove the facts and the circumstances set out in Para 11 of the written statement and do they constitute in fact and in law conversion back to Hindu religion as alleged; and is it enough, in law, to give him the benefit of the Constitution (Scheduled Castes) Order 1950 -
(2.) The High Court took the evidence both documentary and oral, adduced by the parties on these issue and then decided both the issues against the appellant and in favour of the respondent. That Court, therefore, held that the election of the appellant was void, because he was not qualified to be a candidate for the seat reserved for a member of the Scheduled Caste and, consequently set aside the election of the appellant. The appellant has now come up in appeal against that judgment under Section 116A of the Representation of the People Act, 1951.
(3.) The Constitution (Scheduled Castes) Order, 1950 was made by the President in exercise of his powers conferred by clause (1) of Article 341 of the Constitution which is as follows:- "341. (1) The President may with respect to any State or Union territory, and where it is a State, after consultation with the Governor thereof, by public notification, specify the castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purposes of this Constitution be deem to be Scheduled Castes in relation to that State or Union Territory, as the case may be." ;