N. E. HORO versus JAHAN ARA JAIPAL SINGH

N. E. HORO versus JAHAN ARA JAIPAL SINGH

A non-Munda woman validly married to a Munda male and accepted by the tribe, under customary Munda law and by sanction of the Parha Panchayat, becomes a member of the Munda tribal community. Since there was no allegation of corrupt practice against Bodra, he was not a necessary party. There is no evidence the respondent’s marriage was a nullity or invalid.

Parties
Appellant: N. E. Horo; Respondent: Jahan Ara Jaipal Singh
Jurisdiction
India
Judgment Date
02 February 1972
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From Patna High Court Election Petition Decision
Outcome
Appeal dismissed
Legal Topics
Membership in Scheduled Tribes, Customary Marriage and Tribal Status, Nomination and Election Procedure, Undue Influence in Elections
Election Law Customary Law Constitutional Law Membership in Scheduled Tribes Customary Marriage and Tribal Status Nomination and Election Procedure Undue Influence in Elections

Case Brief

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Parties

N. E. Horo

Appellant

Jahan Ara Jaipal Singh

Respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From Patna High Court Election Petition Decision

Legal Issues

  1. 1 Whether a non-Munda woman married to a Munda male and accepted by the tribe becomes a member of the Munda Scheduled Tribe for purposes of election to a reserved constituency
  2. 2 Whether non-joinder of an objector (Bodra) rendered the election petition defective
  3. 3 Whether the marriage of the respondent was a nullity under s. 57 of the Indian Divorce Act, 1869

Ratio Decidendi

A non-Munda woman validly married to a Munda male and accepted by the tribe, under customary Munda law and by sanction of the Parha Panchayat, becomes a member of the Munda tribal community. Since there was no allegation of corrupt practice against Bodra, he was not a necessary party. There is no evidence the respondent’s marriage was a nullity or invalid.

Court Disposition

Appeal dismissed

Orders

  • Parties to bear their own costs in this Court.