KAILASH SONKAR versus SMT. MAYA DEVI

KAILASH SONKAR versus SMT. MAYA DEVI

The respondent, though born to Christian parents, had voluntarily reconverted to Hinduism, performed necessary religious and social rites, was accepted by the Katia scheduled caste community, and was thus entitled to claim scheduled caste status under law for the purpose of contesting election from a reserved constituency. The original caste, having been under eclipse due to conversion, revived upon genuine reconversion.

Parties
Appellant: Kailash Sonkar; Respondent: Smt. Maya Devi
Jurisdiction
India
Judgment Date
16 December 1983
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From High Court Judgment in Election Petition No. 2 of 1980
Outcome
Appeal dismissed
Legal Topics
Scheduled Castes—status After Conversion and Reconversion, Disqualification to Contest Reserved Seats Under Representation of the People Act, Doctrine of 'eclipse' and Caste Revival, Religious Conversion and Its Effect on Caste
Election Law Hindu Law Constitutional Law Scheduled Castes—status After Conversion and Reconversion Disqualification to Contest Reserved Seats Under Representation of the People Act Doctrine of 'eclipse' and Caste Revival Religious Conversion and Its Effect on Caste

Case Brief

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Parties

Kailash Sonkar

Appellant

Smt. Maya Devi

Respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From High Court Judgment in Election Petition No. 2 of 1980

Legal Issues

  1. 1 Whether a person born to Christian parents and reconverted to Hinduism can claim scheduled caste status for contesting reserved legislative elections.
  2. 2 Whether Hindu on conversion to another religion loses the original caste and whether the caste revives on reconversion.

Ratio Decidendi

The respondent, though born to Christian parents, had voluntarily reconverted to Hinduism, performed necessary religious and social rites, was accepted by the Katia scheduled caste community, and was thus entitled to claim scheduled caste status under law for the purpose of contesting election from a reserved constituency. The original caste, having been under eclipse due to conversion, revived upon genuine reconversion.

Court Disposition

Appeal dismissed

Orders

  • Judgment of the High Court confirming the election of the respondent is affirmed.
  • No order as to costs.