S. RAJAGOPAL versus C. M. ARMUGAM & ORS.

S. RAJAGOPAL versus C. M. ARMUGAM & ORS.

Mere reconversion to Hinduism does not entitle a person to resume membership of his previous Scheduled Caste unless the caste as the supreme judge accepts him again as a full member. In this case, appellant did not give evidence of such acceptance and therefore was not qualified for the reserved seat.

Parties
Appellant: S. Rajagopal; Respondent No. 1: C. M. Armlgam; Respondent: Respondent No. 2; Respondent: Respondent No. 3; Respondent: Respondent No. 4
Jurisdiction
India
Judgment Date
03 May 1968
Procedural Posture
Civil Appeal / Appeal From Judgment and Order of Mysore High Court in Election Petition No. 4 of 1967 Dated August 30, 1967
Outcome
Appeal dismissed with costs.
Legal Topics
Scheduled Castes Qualification, Conversion and Caste Membership
Election Law Constitutional Law Scheduled Castes Qualification Conversion and Caste Membership

Case Brief

Summary, issues, holding and outcome

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Parties

S. Rajagopal

Appellant

C. M. Armlgam

Respondent No. 1

Respondent No. 2

Respondent

Respondent No. 3

Respondent

Respondent No. 4

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Order of Mysore High Court in Election Petition No. 4 of 1967 Dated August 30, 1967

Legal Issues

  1. 1 Whether reconversion to Hinduism entitles a person to membership of his previous Scheduled Caste
  2. 2 Whether appellant was qualified to stand for election from a reserved Scheduled Caste seat

Ratio Decidendi

Mere reconversion to Hinduism does not entitle a person to resume membership of his previous Scheduled Caste unless the caste as the supreme judge accepts him again as a full member. In this case, appellant did not give evidence of such acceptance and therefore was not qualified for the reserved seat.

Court Disposition

Appeal dismissed with costs.

Orders

  • The election of the appellant, S. Rajagopal, is declared void.
  • Appellant not qualified to be candidate from Scheduled Caste reserved seat.