S. ANBALAGAN versus B. DEVARAJAN & ORS.

S. ANBALAGAN versus B. DEVARAJAN & ORS.

The mark of caste does not disappear on conversion to another religion; upon reconversion to Hinduism, no particular ceremony is required unless prescribed by caste practice. Community recognition and acceptance are decisive. The first respondent was always regarded as a Hindu Adi Dravida by all records and evidence, and was twice elected by Scheduled Caste voters for a reserved constituency. There is no evidence that he professed Christianity after age of majority, and all relevant circumstances show Scheduled Caste Hindu status at material times. The appeal is dismissed.

Parties
Appellant: S. Anbalagan; Respondent No. 1: B. Devarajan; Respondent Advocate: K. Rajendra Chowdhary; Respondent Advocate: K.S. Chowdhary; Respondent No. 7 Advocate: A.V. Rangam; Appellant Advocate: P.N. Ramalingam; Appellant Advocate: A.T.M. Sampath
Jurisdiction
India
Judgment Date
05 December 1983
Procedural Posture
Civil Appeal / Supreme Court Appeal From Madras High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Scheduled Castes Status, Caste and Religion Conversion/reconversion, Eligibility for Reserved Constituency, Ceremonies/rites for Reconversion
Election Law Hindu Law Scheduled Castes Law Scheduled Castes Status Caste and Religion Conversion/reconversion Eligibility for Reserved Constituency Ceremonies/rites for Reconversion

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Parties

S. Anbalagan

Appellant

B. Devarajan

Respondent No. 1

K. Rajendra Chowdhary

Respondent Advocate

K.S. Chowdhary

Respondent Advocate

A.V. Rangam

Respondent No. 7 Advocate

P.N. Ramalingam

Appellant Advocate

A.T.M. Sampath

Appellant Advocate

Procedural Posture

Civil Appeal / Supreme Court Appeal From Madras High Court Judgment

Legal Issues

  1. 1 Whether a Hindu Adi Dravida (Scheduled Caste) who embraced Christianity and reconverted to Hinduism is eligible for election from a reserved constituency.
  2. 2 Whether performance of any particular ceremony or expiatory rites is necessary for reconversion to Hinduism and regaining caste status.

Ratio Decidendi

The mark of caste does not disappear on conversion to another religion; upon reconversion to Hinduism, no particular ceremony is required unless prescribed by caste practice. Community recognition and acceptance are decisive. The first respondent was always regarded as a Hindu Adi Dravida by all records and evidence, and was twice elected by Scheduled Caste voters for a reserved constituency. There is no evidence that he professed Christianity after age of majority, and all relevant circumstances show Scheduled Caste Hindu status at material times. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs
  • Election Tribunal's decision upheld