DESHRAJ versus BODHRAJ

DESHRAJ versus BODHRAJ

The evidence, both oral and documentary, establishes that respondent belonged to 'Tarkhan' caste, which is not a Scheduled Caste in Himachal Pradesh. The alteration of public records and issuance of caste certificate to respondent as 'Lohar' did not override consistent, reliable evidence, including school and birth registers. Respondent was not qualified to contest election for reserved constituency. Therefore, respondent's election is declared void.

Parties
Appellant: Deshraj; Respondent: Bodhraj
Jurisdiction
India
Judgment Date
30 November 2007
Procedural Posture
Statutory Election Appeal / Appeal From High Court Decision in Election Petition No. 1/2003
Outcome
appeal allowed; High Court judgment set aside; respondent's election declared void
Legal Topics
Scheduled Caste Status for Reserved Constituency, Qualifications for Candidature, Admissibility and Relevance of Public Records, Effect of Caste Certificate
Election Law Constitutional Law Evidence Law Scheduled Caste Status for Reserved Constituency Qualifications for Candidature Admissibility and Relevance of Public Records Effect of Caste Certificate

Case Brief

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Parties

Deshraj

Appellant

Bodhraj

Respondent

Procedural Posture

Statutory Election Appeal / Appeal From High Court Decision in Election Petition No. 1/2003

Legal Issues

  1. 1 Whether the respondent belonged to the Scheduled Caste 'Lohar' as claimed, or to 'Tarkhan' which is not a Scheduled Caste in Himachal Pradesh
  2. 2 Whether respondent was qualified to contest from a reserved constituency

Ratio Decidendi

The evidence, both oral and documentary, establishes that respondent belonged to 'Tarkhan' caste, which is not a Scheduled Caste in Himachal Pradesh. The alteration of public records and issuance of caste certificate to respondent as 'Lohar' did not override consistent, reliable evidence, including school and birth registers. Respondent was not qualified to contest election for reserved constituency. Therefore, respondent's election is declared void.

Court Disposition

appeal allowed; High Court judgment set aside; respondent's election declared void

Orders

  • Election of Bodhraj from 35-Gangath (SC) Assembly Constituency in 2003 declared void
  • Parties to bear their respective costs