GANPAT versus RETURNING OFFICER & ORS.

GANPAT versus RETURNING OFFICER & ORS.

The appellant did not establish by evidence that respondents 2, 6, or 9 ceased to profess Hinduism or duly converted to Buddhism to lose Scheduled Caste status; thus, they remained eligible for the reserved seat.

Parties
Appellant: Ganpat; Respondents: Returning Officer & Ors.; Respondent: Respondent No. 2; Respondents: Respondents Nos. 21 and 22
Jurisdiction
India
Judgment Date
04 December 1974
Procedural Posture
Civil Appeal / Appeal From Bombay High Court Judgment in Election Petition No. 1 of 1972
Outcome
Appeal dismissed
Legal Topics
Scheduled Castes, Religious Conversion and Eligibility, Withdrawal of Candidature
Election Law Scheduled Castes Religious Conversion and Eligibility Withdrawal of Candidature

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Parties

Ganpat

Appellant

Returning Officer & Ors.

Respondents

Respondent No. 2

Respondent

Respondents Nos. 21 and 22

Respondents

Procedural Posture

Civil Appeal / Appeal From Bombay High Court Judgment in Election Petition No. 1 of 1972

Legal Issues

  1. 1 Whether respondents 2, 6, and 9 ceased to be Hindus by conversion to Buddhism and thus became ineligible for reserved constituency seats
  2. 2 Validity of withdrawal of candidature by a respondent

Ratio Decidendi

The appellant did not establish by evidence that respondents 2, 6, or 9 ceased to profess Hinduism or duly converted to Buddhism to lose Scheduled Caste status; thus, they remained eligible for the reserved seat.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs of respondent No. 2 to be paid by appellant.