ABHOY PADA SAHA versus SUDHIR KUMAR MONDAL

ABHOY PADA SAHA versus SUDHIR KUMAR MONDAL

'Sunri excluding Sahas' in Item 40 of the Constitution (Scheduled Castes) Order, 1950, should be interpreted as including those of the Sunri caste but not those Sunris forming the smaller caste group of Sahas; mere bearing of the surname Saha does not amount to exclusion. Since the appellant was not proved to belong to the Saha group, he is entitled to the benefit of Item 40 as a Scheduled Caste Sunri.

Parties
Appellant: Abhoy Pada Saha; Respondent: Sudhir Kumar Mondal
Jurisdiction
India
Judgment Date
05 May 1966
Procedural Posture
Civil Appeal / Supreme Court Appeal From Calcutta High Court Judgment on Election Petition
Outcome
Appeal No. 931 of 1965 allowed; Appeal No. 1149 of 1965 dismissed.
Legal Topics
Scheduled Castes, Interpretation of Constitution (scheduled Castes) Order, 1950, Reservation in Legislative Assemblies
Constitutional Law Election Law Scheduled Castes Interpretation of Constitution (scheduled Castes) Order, 1950 Reservation in Legislative Assemblies

Case Brief

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Parties

Abhoy Pada Saha

Appellant

Sudhir Kumar Mondal

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From Calcutta High Court Judgment on Election Petition

Legal Issues

  1. 1 Whether Abhoy Pada Saha belonged to the Scheduled Caste specified as 'Sunri excluding Saha' in the Constitution (Scheduled Castes) Order, 1950, Part 13, Item 40
  2. 2 Whether exclusion of 'Saha' refers to a distinct caste, a group within Sunris, or those Sunris bearing the surname Saha

Ratio Decidendi

'Sunri excluding Sahas' in Item 40 of the Constitution (Scheduled Castes) Order, 1950, should be interpreted as including those of the Sunri caste but not those Sunris forming the smaller caste group of Sahas; mere bearing of the surname Saha does not amount to exclusion. Since the appellant was not proved to belong to the Saha group, he is entitled to the benefit of Item 40 as a Scheduled Caste Sunri.

Court Disposition

Appeal No. 931 of 1965 allowed; Appeal No. 1149 of 1965 dismissed.

Orders

  • Set aside the judgment of the Calcutta High Court.
  • Restored the judgment of the Election Tribunal dismissing the election petition against Abhoy Pada Saha.