KISHORILAL HANS versus RAJA RAM SINGH & ORS.

KISHORILAL HANS versus RAJA RAM SINGH & ORS.

A candidate whose caste is not specifically included in the relevant Presidential Order or statutory list of Scheduled Castes for the concerned district cannot claim eligibility to contest a reserved seat, even if his caste is listed in other districts or is argued to be a sub-caste of a notified caste. Inquiry to establish such equivalence is not permissible under Art. 341 of the Constitution.

Parties
Appellant: Kishorilal Hans; Respondent: Raja Ram Singh; Respondent Advocate: G. L. Sanghi; Respondent Advocate: K. P. Gupta
Jurisdiction
India
Judgment Date
30 November 1971
Procedural Posture
Civil Appeal / Supreme Court Appeal From Madhya Pradesh High Court Judgment on Election Petition
Outcome
Appeals dismissed
Legal Topics
Scheduled Castes/tribes, Reserved Constituencies, Presidential Orders Under Constitution, Art. 341 Scheduled Castes Specification
Election Law Constitutional Law Scheduled Castes/tribes Reserved Constituencies Presidential Orders Under Constitution Art. 341 Scheduled Castes Specification

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Parties

Kishorilal Hans

Appellant

Raja Ram Singh

Respondent

G. L. Sanghi

Respondent Advocate

K. P. Gupta

Respondent Advocate

Procedural Posture

Civil Appeal / Supreme Court Appeal From Madhya Pradesh High Court Judgment on Election Petition

Legal Issues

  1. 1 Whether Jatav caste is included as a Scheduled Caste in Datia district under the Constitution (Scheduled Castes) Order, 1950 and Scheduled Tribes Lists (Modification) Order, 1956
  2. 2 Whether the appellant Kishorilal Hans, a Jatav by caste, was qualified to contest a reserved Scheduled Caste seat
  3. 3 Whether inquiry can be made if Jatav is a sub-caste of Chamar (a notified Scheduled Caste) under Art. 341 of the Constitution

Ratio Decidendi

A candidate whose caste is not specifically included in the relevant Presidential Order or statutory list of Scheduled Castes for the concerned district cannot claim eligibility to contest a reserved seat, even if his caste is listed in other districts or is argued to be a sub-caste of a notified caste. Inquiry to establish such equivalence is not permissible under Art. 341 of the Constitution.

Court Disposition

Appeals dismissed

Orders

  • Appeal (C.A. 2123/69) dismissed
  • Cross-appeal (C.A. 2237/69) dismissed as not pressed