PUNJAB RAO versus D. P. MESHRAM & OTIIERS

PUNJAB RAO versus D. P. MESHRAM & OTIIERS

A person who has publicly declared conversion from Hinduism to Buddhism ceases to be a member of a Scheduled Caste as defined under the Constitution (Scheduled Castes) Order, 1950, and thus becomes ineligible to contest election from a constituency reserved for Scheduled Castes.

Parties
Appellant: Punjab Rao; Respondent No. 1: D. P. Meshram
Jurisdiction
India
Judgment Date
26 October 1964
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated February 7, 8, 1963 of the Bombay High Court (nagpur Bench) in Appeal No. 115 of 1962.
Outcome
Appeal allowed.
Legal Topics
Scheduled Castes, Disqualification for Election, Religious Conversion and Eligibility, Interpretation of 'profess' in Constitution (scheduled Castes) Order
Constitutional Law Election Law Scheduled Castes Disqualification for Election Religious Conversion and Eligibility Interpretation of 'profess' in Constitution (scheduled Castes) Order

Case Brief

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Parties

Punjab Rao

Appellant

D. P. Meshram

Respondent No. 1

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated February 7, 8, 1963 of the Bombay High Court (nagpur Bench) in Appeal No. 115 of 1962.

Legal Issues

  1. 1 Whether a person who has embraced Buddhism ceases to be a member of a Scheduled Caste as per the Constitution (Scheduled Castes) Order, 1950.
  2. 2 Whether respondent No. 1 had in fact converted to Buddhism and hence was ineligible for election from a Scheduled Caste reserved constituency.

Ratio Decidendi

A person who has publicly declared conversion from Hinduism to Buddhism ceases to be a member of a Scheduled Caste as defined under the Constitution (Scheduled Castes) Order, 1950, and thus becomes ineligible to contest election from a constituency reserved for Scheduled Castes.

Court Disposition

Appeal allowed.

Orders

  • The judgment of the High Court is set aside.
  • The judgment of the Election Tribunal is restored.