SOBHA HYMAVATHI DEVI versus SETTI GANGADHARA SWAMY AND ORS.

SOBHA HYMAVATHI DEVI versus SETTI GANGADHARA SWAMY AND ORS.

A candidate can avail reservation for a constituency reserved for Scheduled Tribes only if they are a member of a Scheduled Tribe by birth, not by marriage or acquired status. The presumption of marriage from long cohabitation is not rebutted here; the appellant's father was of a forward caste and her mother of Scheduled Tribe, making her forward caste. Marrying a Scheduled Tribe member does not confer eligibility to contest as a Scheduled Tribe candidate. Community certificates under Andhra Pradesh Act 1993 are not binding for Legislative Assembly elections and can be independently scrutinized.

Parties
Appellant: Sobha Hyma v Athi Devi; Respondents: Setti Gangadhara Swamy and Ors.
Jurisdiction
India
Judgment Date
28 January 2005
Procedural Posture
Civil Appeal / Supreme Court Appeal From Andhra Pradesh High Court Judgment on Election Petition
Outcome
Appeal dismissed
Legal Topics
Reservation for Scheduled Tribes, Caste Status for Electoral Qualification, Validity of Community Certificate, Representation of the People Act
Constitutional Law Election Law Reservation for Scheduled Tribes Caste Status for Electoral Qualification Validity of Community Certificate Representation of the People Act

Case Brief

Summary, issues, holding and outcome

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Parties

Sobha Hyma v Athi Devi

Appellant

Setti Gangadhara Swamy and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal From Andhra Pradesh High Court Judgment on Election Petition

Legal Issues

  1. 1 Whether the appellant belonged to a Scheduled Tribe and was qualified to contest from a reserved constituency under Article 332 of the Constitution of India
  2. 2 Whether the appellant, born to a forward caste father and Scheduled Tribe mother, is entitled to the caste of her mother
  3. 3 Whether acquired membership by marriage to a Scheduled Tribe confers eligibility for reservation

Ratio Decidendi

A candidate can avail reservation for a constituency reserved for Scheduled Tribes only if they are a member of a Scheduled Tribe by birth, not by marriage or acquired status. The presumption of marriage from long cohabitation is not rebutted here; the appellant's father was of a forward caste and her mother of Scheduled Tribe, making her forward caste. Marrying a Scheduled Tribe member does not confer eligibility to contest as a Scheduled Tribe candidate. Community certificates under Andhra Pradesh Act 1993 are not binding for Legislative Assembly elections and can be independently scrutinized.

Court Disposition

Appeal dismissed

Orders

  • Election of the appellant to the Andhra Pradesh Legislative Assembly is declared invalid.
  • High Court decision is confirmed.