MOHAMMAD SADIQUE versus DARBARA SINGH GURU

MOHAMMAD SADIQUE versus DARBARA SINGH GURU

The appellant, though born to Muslim parents, belonged by birth to the 'Doom' community recognized as Scheduled Caste in Punjab. He converted to Sikhism, publicly declared his new faith, obtained and retained a caste certificate after conversion, and was accepted by the Sikh community. There was no legal requirement to change one's name upon conversion. The certificate was not cancelled. Accordingly, his Scheduled Caste status was duly proved, entitling him to contest from the reserved constituency under the applicable legal standards.

Parties
Appellant: Mohammad Sadique; Respondent: Darbara Singh Guru
Jurisdiction
India
Judgment Date
29 April 2016
Procedural Posture
Civil Appeal / Appeal From Punjab and Haryana High Court Decision Allowing an Election Petition and Setting Aside the Appellant's Election
Outcome
Appeal allowed; High Court judgment set aside
Legal Topics
Scheduled Castes and Scheduled Tribes, Caste Certificates, Religious Conversion, Reservation in Legislatures, Social Status and Rights
Election Law Constitutional Law Scheduled Castes and Scheduled Tribes Caste Certificates Religious Conversion Reservation in Legislatures Social Status and Rights

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Parties

Mohammad Sadique

Appellant

Darbara Singh Guru

Respondent

Procedural Posture

Civil Appeal / Appeal From Punjab and Haryana High Court Decision Allowing an Election Petition and Setting Aside the Appellant's Election

Legal Issues

  1. 1 Whether a candidate born to Muslim parents but belonging to the 'Doom' community and having converted to Sikhism is eligible to contest from a Scheduled Caste reserved constituency under the Constitution (Scheduled Castes) Order, 1950 and Representation of the People Act, 1951.

Ratio Decidendi

The appellant, though born to Muslim parents, belonged by birth to the 'Doom' community recognized as Scheduled Caste in Punjab. He converted to Sikhism, publicly declared his new faith, obtained and retained a caste certificate after conversion, and was accepted by the Sikh community. There was no legal requirement to change one's name upon conversion. The certificate was not cancelled. Accordingly, his Scheduled Caste status was duly proved, entitling him to contest from the reserved constituency under the applicable legal standards.

Court Disposition

Appeal allowed; High Court judgment set aside

Orders

  • Election Petition filed by the respondent dismissed
  • No order as to costs