DADAJI ALIAS DINA versus SUKHDEOBABU & ORS.

DADAJI ALIAS DINA versus SUKHDEOBABU & ORS.

A person belonging to a 'Mana' community without affinity to the 'Gond' tribe cannot be treated as a Scheduled Tribe under Entry 18, Part IX of the Schedule to the Constitution (Scheduled Tribes) Order, 1950, as amended; the appellant belongs to Kshatriya Bidwaik Mana community without such affinity and is not qualified to contest from a constituency reserved for Scheduled Tribes.

Parties
Appellant: Dadaji alias Dina; Respondent No. 1: Sukhdeobabu; Respondent: Respondent No. 2; Respondent: Respondent No. 3; Respondent: Respondent No. 4
Jurisdiction
India
Judgment Date
07 November 1979
Procedural Posture
Civil Appeal / Supreme Court Appellate Judgment
Outcome
Appeal dismissed
Legal Topics
Scheduled Tribes Determination, Qualification for Reserved Constituency, Interpretation of Statutory Orders
Election Law Constitutional Law Scheduled Tribes Determination Qualification for Reserved Constituency Interpretation of Statutory Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Dadaji alias Dina

Appellant

Sukhdeobabu

Respondent No. 1

Respondent No. 2

Respondent

Respondent No. 3

Respondent

Respondent No. 4

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appellate Judgment

Legal Issues

  1. 1 Whether Kshatriya Bidwaik Mana community qualifies as a Scheduled Tribe under Entry 18, Part IX of the Schedule to the Constitution (Scheduled Tribes) Order, 1950, as amended in 1976
  2. 2 Whether omission of the word 'including' in the Schedule affects eligibility of communities not having affinity with 'Gond' tribe

Ratio Decidendi

A person belonging to a 'Mana' community without affinity to the 'Gond' tribe cannot be treated as a Scheduled Tribe under Entry 18, Part IX of the Schedule to the Constitution (Scheduled Tribes) Order, 1950, as amended; the appellant belongs to Kshatriya Bidwaik Mana community without such affinity and is not qualified to contest from a constituency reserved for Scheduled Tribes.

Court Disposition

Appeal dismissed

Orders

  • High Court judgment affirmed; appellant's election set aside
  • Appellant held not to belong to a Scheduled Tribe