BHAIYA RAM MUNDA versus ANIRUDH PATAR & ORS.

BHAIYA RAM MUNDA versus ANIRUDH PATAR & ORS.

Patars are a sub-tribe of Mundas and since 'Munda' is specified as a Scheduled Tribe in Bihar under the Constitution (Scheduled Tribes) Order, 1950, Patars are included. Admission to the contrary in documents is relevant but not conclusive. Specific non-enumeration of Patars does not exclude them as long as they are shown to be Mundas.

Parties
Appellant: Bhaiya Ram Munda; 1st Respondent: Anirudh Patar
Jurisdiction
India
Judgment Date
14 August 1970
Procedural Posture
Civil Appeal / Supreme Court Appeal From Patna High Court Decision in Election Petition No. 9 of 1969
Outcome
Appeal dismissed
Legal Topics
Scheduled Tribes Under Constitution, Interpretation of Presidential Orders, Qualifications for Legislative Assembly Under Representation of the People Act
Constitutional Law Election Law Scheduled Tribes Under Constitution Interpretation of Presidential Orders Qualifications for Legislative Assembly Under Representation of the People Act

Case Brief

Summary, issues, holding and outcome

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Parties

Bhaiya Ram Munda

Appellant

Anirudh Patar

1st Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From Patna High Court Decision in Election Petition No. 9 of 1969

Legal Issues

  1. 1 Whether Patars are a sub-tribe of Mundas and are included in the Scheduled Tribes specified in the Constitution (Scheduled Tribes) Order, 1950.
  2. 2 Whether a person’s admission that he is not a member of a Scheduled Tribe is conclusive against him in election disputes.
  3. 3 Whether Patars can be excluded because they are not specifically mentioned in the Scheduled Tribes Order though Mundas are.

Ratio Decidendi

Patars are a sub-tribe of Mundas and since 'Munda' is specified as a Scheduled Tribe in Bihar under the Constitution (Scheduled Tribes) Order, 1950, Patars are included. Admission to the contrary in documents is relevant but not conclusive. Specific non-enumeration of Patars does not exclude them as long as they are shown to be Mundas.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed with costs.