1966 (5) TMI 67 - SC - Indian Laws

Supreme Court Upholds Election Tribunal Decision, Dismisses Appeal

The Supreme Court allowed Appeal No. 931 of 1965, setting aside the High Court's judgment and restoring the Election Tribunal's decision to dismiss the ... - Issues:1. Validity of the order setting aside the election of the appellant.2. Validity of the order rejecting the prayer to be declared elected by the respondent.Detailed Analysis:Issue 1: The first issue in this case pertains to the validity of the order setting aside the election of the appellant, who contested for a seat in the West Bengal Legislative Assembly reserved for Scheduled Castes. The appellant claimed to belong to the Sunri caste, a Scheduled Caste, while the respondent alleged that the appellant was a member of the Saha caste and not a Scheduled Caste member. The Election Tribunal initially dismissed the respondent's objection, but the High Court reversed this decision, declaring the appellant's election invalid based on not belonging to a Scheduled Caste. The High Court interpreted the exclusion of Sahas from Sunris in the Constitution (Scheduled Castes) Order, 1950, as excluding those Sunris bearing the surname Saha. However, the Supreme Court disagreed with this interpretation, emphasizing that Sunri and Saha both referred to caste groups within the Scheduled Caste. The Court held that the evidence did not prove the appellant belonged to the smaller caste group of Sahas, thus upholding the appellant's Scheduled Caste status and dismissing the election petition.Issue 2: The second issue concerns the validity of the order rejecting the respondent's prayer to be declared elected in place of the appellant. The respondent had appealed to the High Court seeking to be declared elected if the appellant's election was invalidated. However, the High Court rejected this prayer, leading to the respondent's appeal. The Supreme Court, after determining the appellant's Scheduled Caste status, dismissed the respondent's appeal as well, as the respondent failed to establish that the appellant belonged to the smaller caste group of Sahas. Consequently, the Court upheld the appellant's election and dismissed the respondent's appeal, affirming the decision of the Election Tribunal and awarding costs to the appellant.In conclusion, the Supreme Court allowed Appeal No. 931 of 1965, setting aside the High Court's judgment and restoring the Election Tribunal's decision to dismiss the petition. Additionally, the Court dismissed Appeal No. 1149 of 1965, upholding the appellant's election and awarding costs throughout.