SHRI V. V. GIRI versus DIPPALA SURI DORA AND OTHERS

SHRI V. V. GIRI versus DIPPALA SURI DORA AND OTHERS

Section 54(4) of the Representation of the People Act, 1951, permits a scheduled tribe candidate who, after contesting the reserved seat and failing to secure it, receives the largest number of votes among remaining candidates to be declared elected to the general seat. The election in a double-member constituency is held for the whole constituency and not for separate seats; filing nomination as a scheduled tribe candidate does not preclude contesting for both seats. S2 was properly declared elected, and s. 54(4) is not ultra vires the Constitution.

Parties
Appellant: Shri V. V. Giri; Respondent 1: Dippala Suri Dora; Respondent 2: B. Satyanarayana Dora; Respondent 3: V. Krishnamoorthy Naidu
Jurisdiction
India
Judgment Date
20 May 1959
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From Andhra Pradesh High Court, Which Reversed the Decision of the Election Tribunal, Hyderabad
Outcome
Appeal dismissed; election of S2 (respondent 1) upheld.
Legal Topics
Reserved Seats, Double Member Constituencies, Scheduled Tribes, Interpretation of Representation of the People Act, Caste Status Under Hindu Law
Election Law Constitutional Law Reserved Seats Double Member Constituencies Scheduled Tribes Interpretation of Representation of the People Act Caste Status Under Hindu Law

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Parties

Shri V. V. Giri

Appellant

Dippala Suri Dora

Respondent 1

B. Satyanarayana Dora

Respondent 2

V. Krishnamoorthy Naidu

Respondent 3

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From Andhra Pradesh High Court, Which Reversed the Decision of the Election Tribunal, Hyderabad

Legal Issues

  1. 1 Whether a candidate for a reserved seat in a double-member constituency can be declared elected to the general seat under s. 54(4) of the Representation of the People Act, 1951
  2. 2 Whether s. 54(4) is ultra vires the Constitution
  3. 3 Whether S2 had ceased to be a member of a scheduled tribe at the material time and was improperly nominated

Ratio Decidendi

Section 54(4) of the Representation of the People Act, 1951, permits a scheduled tribe candidate who, after contesting the reserved seat and failing to secure it, receives the largest number of votes among remaining candidates to be declared elected to the general seat. The election in a double-member constituency is held for the whole constituency and not for separate seats; filing nomination as a scheduled tribe candidate does not preclude contesting for both seats. S2 was properly declared elected, and s. 54(4) is not ultra vires the Constitution.

Court Disposition

Appeal dismissed; election of S2 (respondent 1) upheld.

Orders

  • Appeal dismissed with costs in favour of Respondent No. 1 (Dippala Suri Dora)