B. BASAVALINGAPPA versus D. MUNICHINNAPPA

B. BASAVALINGAPPA versus D. MUNICHINNAPPA

In extraordinary circumstances where the caste mentioned in the Presidential Order does not exist in the relevant state (as was the case with 'Bhovi') and must be identified, evidence can be recorded to establish its intended identity. The High Court was right in determining, on evidence, that 'Bhovi' referred to the Voddar caste, validating the respondent's eligibility.

Parties
Appellant: B. Basavalingappa; Respondent No. 1: D. Munichinnappa
Jurisdiction
India
Judgment Date
23 September 1964
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated October 14, 1963 of the Mysore High Court
Outcome
Appeal dismissed
Legal Topics
Scheduled Castes, Constitution (scheduled Castes) Order, 1950, Article 341 of Constitution, Evidence in Caste Identification, Finality of Presidential Notification
Election Law Constitutional Law Scheduled Castes Constitution (scheduled Castes) Order, 1950 Article 341 of Constitution Evidence in Caste Identification Finality of Presidential Notification

Case Brief

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Parties

B. Basavalingappa

Appellant

D. Munichinnappa

Respondent No. 1

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated October 14, 1963 of the Mysore High Court

Legal Issues

  1. 1 Whether evidence can be recorded to establish that Voddar caste is the same as Bhovi caste mentioned in the Constitution (Scheduled Castes) Order, 1950
  2. 2 Whether allowing evidence to modify or interpret exhaustive Presidential notifications is permissible under Article 341

Ratio Decidendi

In extraordinary circumstances where the caste mentioned in the Presidential Order does not exist in the relevant state (as was the case with 'Bhovi') and must be identified, evidence can be recorded to establish its intended identity. The High Court was right in determining, on evidence, that 'Bhovi' referred to the Voddar caste, validating the respondent's eligibility.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs