judgement copy

8/17/2019 Judgement Copy

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Reportable

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 4870 OF 2015

Mohamma Sa !"#$ % A&&$''a()

V$*+#+

Da*,a*a S!(-h #*# % R$+&o( $()

J U D M E N T

P*a/#''a C. Pa() J.

This appeal, preferred under Section 116A of The

Representation of the People Act, 1951, is directed against

judgment and order dated 07 0! "015, passed #$ %igh &ourt

of Punja# and %ar$ana at &handigarh, in 'P (o 1)"01",

*here#$ 'lection Petition filed #$ respondent has #een


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allo*ed, and election of the appellant from 10"+ hadaur

-Scheduled &aste. Assem#l$ &onstituenc$ in Punja#, has #een

set aside

" rief facts of the case are that /eneral 'lections *ere

held to Punja# egislati e Assem#l$, in 2anuar$, "01" ast

date of filing of nomination papers *as 1" 01 "01" 3ate for

scrutin$ of nomination papers *as 16 01 "01" And polling

*as held on 40 01 "01" The counting of otes *as done on

06 04 "01", in *hich appellant *as declared elected

4 'lection Petitioner -respondent herein. filed his

nomination papers as a candidate of Shiromani A ali 3al The

appellant *as a candidate from ndian (ational &ongress

There *ere other 17 candidates in the fra$ Se en independent

candidates *ithdre* their candidature, as such, onl$ 1" *ere

left in the field Since hadaur constituenc$ *as reser ed for

Scheduled &astes, onl$ the candidates #elonging to Scheduled

&astes *ere ualified to contest the election under Section 5

-a. of The Representation of the People Act, 1951 -hereinafter

8RP Act .


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! t appears that on 1! 01 "01", one adal Singh

complained to the Returning :fficer, hadaur &onstituenc$,

alleging that appellant ;ohammad Sadi ue *as a muslim,

and as such did not #elong to an$ Scheduled &aste %e also

filed &i il


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Scheduled &astes t is specificall$ pleaded that the appellant

*as #orn in a famil$ *hich follo*ed slam, and his parents

and others mem#ers of the famil$ also professed slam The$

had their names *hich are pre alent amongst muslims, and

the$ used to o#ser e traditions of slam (one of their famil$

mem#ers use 8Singh , in their names, normall$ found *ith the

names of those follo*ing >Si h? religion t is further pleaded #$

the election petitioner+respondent that in his inter ie* in the

#oo titled + 8Sada ahar /a$a @ ;ohammad Sadi ue

2ee an Te /eet , the appellant had confessed that he *as a

muslim t is also stated in the election petition that after

death of the parents of the appellant, their #odies *ere #uried

as per muslim rites t is further alleged that the &aste

certificate issued to the appellant sho*ing him to #e mem#er

of communit$ 83oom -;arasi. #$ Tehsildar, udhiana -


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the 3eput$ &ommissioners in State of Punja# that a person

professing slam is not legall$ entitled to get Scheduled &aste

certificate Another communication dated 16 04 "009 stated to

ha e #een issued #$ the State /o ernment informing the

3eput$ &ommissioners that such Scheduled &astes

certificates issued on or after 01 01 19=0 *ere lia#le to #e

cancelled

7 Appellant contested the election petition, and filed his

*ritten statement %e pleaded that he professed Si h religion,

and is a mem#er of 83oom communit$ *hich is a Scheduled

&aste in the State of Punja# %e admitted that he *as #orn in

a muslim famil$, #ut ne er offered pra$ers in mos ue or

o#ser ed RoBas t is further pleaded that from the childhood

appellant used to sing songs in the compan$ of Si h *riters,

artists and singers %e used to go to the /urud*aras to pa$

o#eisance and de eloped faith in Si h religion %e follo*ed the

rites, rituals and customs of Si h religion %e performed

>Sampath Path? *ith Ragis at his residence for se en da$s in

the $ear "000, and his t*o daughters are married to %indu


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#o$s The appellant specificall$ stated in the *ritten statement

that he em#raced Si h religion formall$ on 14 0! "006, and a

pu#lic notice to this effect *as pu#lished in ne*spapers+ >The

%industan Times?, &handigarh, and >3ail$ A ali Patri a?,

2alandhar, dated 0! 01 "007 t is eCplained in the *ritten

statement that since the appellant *as popular as a singer

*ith name+ ;ohammad Sadi ue, therefore, he did not change

his name e en after em#racing Si h religion :n death of his

*ife Smt Raffi an D Seeto *ho died on 17 1" "007 though

she *as #uried #$ follo*ers of slam, #ut appellant performed

8A hand Path from 0! 01 "00= to 06 01 "00= as per Si h

religion t is further stated that hog of A hand Path, Eirtan

and Antim Ardas *ere held in /urud*ara at udhiana *hich

*as attended #$ prominent Si h personalities The appellant

has eCplained in the *ritten statement that his mother Smt

Parsanni 3e i *ho died on 16 1" "009 *as follo*er of slam,

and after her death her #od$ *as #uried #ut the appellant

performed A hand Path and hog on "7 1" "009 in /urd*ara

Sahi# at illage Eup alan (ame of the appellant?s father *as


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inter ie* that he *as a muslim t is alleged that since earlier

he *as issued caste certificate as >3oom ;arasi? #$ mista e,

that is *h$ he got issued fresh certificate of caste mentioning

>3oom? t is also pleaded that the daughters of the appellant

*ere also issued Scheduled &aste certificates The appellant

accepted that he did recei e a notice ide letter dated

40 11 "006, to deposit caste certificate issued to him #$

19 1" "006 #ut denied that his certificate *as e er cancelled

or *ithdra*n #$ the /o ernment

= The %igh &ourt, on the #asis of the pleadings of the

parties framed follo*ing issues +

-1.


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-5.


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complete inclination to*ards Si hism and *as a >Ragi?

and used to perform Eirtan at Alamgir Si h /urd*ara

11 " The appellant has throughout #een raised as a Si h %e

has professed the Si h religion, and performed the

ceremonies, rituals and rites of Si hism

11 4 %e has ne er offered pra$er in a mos ue, or ept RoBas,

or offered (amaB, or had ne er #een to %aj %e has

ne er li ed nor considered himself a muslim, nor *as he

so considered #$ others

11 ! %e started singing songs at a er$ earl$ age and in due

course #ecame one of the most popular fol singers in

Punja# %e *as associated *ith other *riters, artists,

singers and producers, *ho *ere all Si hs, and used to

isit /urd*aras *ith them to pa$ o#eisance, and had full

faith in Si h religion At e er$ stage + sho* of his, the

appellant started the performance #$ singing religious

songs in praise of the /uru Sahi#ans


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11 5 3uring 19=9+1991, appellant?s daughters *ere all issued

caste certificates mentioning >3oom? as their caste, as per

certificates dated 01 0= 19=9, and 16 0! 1991 These

are still alid and not cancelled

11 6 3uring 1999+"000, appellant *as going through a

personal #ad phase in his life :n the ad ice of Sardar

Pargat Singh /re*al, the appellant got performed the

>Sampat Path?, *hich *as performed #$ Sant a#a Sucha

Singh along *ith other Ragis of 2a*adi Ta sal at his

residence in udhiana for se en da$s Thereafter, the

appellant?s condition started impro ing, and it further

strengthened his #elief in Si h religion

11 7 3uring "001+"00", three of the appellant?s daughters,

namel$, (aseem A htar, ShehnaB A htar and 2a ed

A htar *ere married into %indu families The marriages

*ere performed as per %indu rites and ceremonies, as

desired #$ the respecti e hus#ands? families

11 = Though the appellant had al*a$s #een raised as a Si h

and had follo*ed Si hism, he formall$ em#raced Si hism


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on 14 0! "006 %e ga e a pu#lic notice of this, *hich

*as pu#lished in leading ne*spapers namel$ %industan

Times, &handigarh and 3ail$ A ali Patri a, &handigarh

on 0! 01 "007 Since appellant had #ecome famous

throughout Punja# and indeed all o er ndia as a singer,

he retained his muslim name and did not change it

11 9 :n 14 07 "006, appellant got his application and

affida it t$ped #$ a t$pist in udhiana for o#taining his

caste certificate The appellant did not read the same

#efore signing and &aste certificate *as issued to the

appellant mentioning his caste as >3oom? -;arasi. The

appellant at this stage realiBed that the t$pist had #$

mista e in the application *rongl$ mentioned his caste

as >3oom?-;arasi. instead of caste >3oom?

11 10 :n "5 0= "006, appellant therefore as ed the

Tehsildar to cancel the *rong caste certificate and, on his

as ing, re+applied *ith the correct caste mentioned as

>3oom? Hresh caste certificate mentioning >3oom? as the

caste *as issued to the appellant, *hich is still alid and


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has not #een cancelled >3oom? is a Scheduled &aste in

Punja#

11 11 There *as no o#jection from an$one to the appellant?s

formall$ em#racing Si hism, rather, he *as *elcomed

into it Prominent Si h personalities such as Sant

Shamsher Singh 2agera, President of Sant Sepahi 3al

and nternational Sant Samaj, honoured the appellant #$

presenting 8Saropa to the appellant on "0 01 "007 %e

*as also *elcomed #$ Sant Eartar 3ass 2ee at his 3era

and Sardar Pargat Singh /re*al, President, Prof ;ohan

Singh Houndation

11 1" The appellant?s *ife Rafi an D Seeto passed a*a$ on

17 1" "007 Since she had #een follo*ing slam, she *as

#uried %o*e er, since the appellant had #een follo*ing

Si hism, he got the >A hand Path? performed in

/urd*ara Shri Tegh ahadur Satsang Sa#ha, udhiana

from 0! 01 "00= to 06 01 "00=, and the #hog of A hand

Path of Sh /uru /ranth Sahi# *as performed on

06 01 "00= at his residence and thereafter Eirtan and


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Antim Ardas *as held on the same da$ follo*ed #$ /uru

a angar as per Si h rituals, rites, customs and

ceremonies The o#ituar$ to this fact *as got pu#lished

in arious ne*spaper namel$ >Aj 3i A*aj, 2alandhar

dated 05 01 "00= and >Ajit 2alandhar? dated

0! 01 "00= The Eirtan and Antim Ardas of the

appellant?s *ife *as *ell pu#licised and *idel$ attended,

including #$ prominent Si h personalities The entire

e ent *as also ideographed and the original ideo

recordings *ere produced as e idence #efore the %igh

&ourt

11 14 The appellant?s mother Smt Parsanni 3e i passed a*a$

on 16 1" "009 Since she had follo*ed slam, she *as

#uried %o*e er, again, since the appellant *as

follo*ing Si hism, he got performed the A hand Path

and #hog of A hand Path of Sri /uru /ranth Sahi# and

Eirtan and Antim Ardas on "7 1" "009 in /urd*ara

Sahi# at Gillage Eup alan, Tehsil ;aler otla 3istrict


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Sangrur This *as also attended #$ se eral prominent

Si h personalities

11 1! n 3ecem#er "011, the election scheduled for Punja#

egislati e Assem#l$ 'lections *as announced

(omination papers *ere to #e filed on or #efore

1" 01 "01" Scrutin$ of papers *as on 14 01 "01" The

appellant filed his nomination papers from ndian

(ational &ongress Part$ for hadaur &onstituenc$ The

respondent -'lection Petitioner. filed his nomination from

the Shiromani A ali 3al Part$ hadaur constituenc$

*as reser ed for Scheduled &astes in Punja#

3emographicall$, it is dominated #$ Si hs *ho are the

majorit$ religious group in this constituenc$ Polling *as

held on 40 01 "01" :n 06 04 "01", results *ere

declared and the appellant emerged as the successful

candidate, *inning #$ a *ide margin

11 15 Hor the a oidance of dou#t, on 11 0= "01!, appellant

made a declaration as per Section "-9. of the Si h

/urd*aras Act 19"5 to the effect that he *as a follo*er


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of Si h religion %o*e er, on 07 0! "015, the impugned

order *as pronounced #$ the %igh &ourt, *hich allo*ed

the petition, holding that the appellant *as not eligi#le to

contest the election from hadaur The %igh &ourt held

that since the appellant?s parents follo*ed slam, he *as

a muslim and therefore could not #e a mem#er of a

Scheduled &aste t further held that appellant had not

em#raced Si hism and e en if he em#raced Si hism, he

*ould not get the #enefit of #eing a mem#er of a

Scheduled &aste

11 16 The impugned order is erroneous #ecause it ignored the

o er*helming e idence that the appellant had li ed his

life throughout as a Si h Hinding of %igh &ourt that the

appellant is a muslim is incorrect, and the e idence has

not #een correctl$ appreciated There is no formal

ceremon$ or procedure re uired to em#race Si hism

The fact that a person has led his life throughout #$

follo*ing Si h customs, rituals, rites and ceremonies,

and that he has not follo*ed the ceremonies, of an$ other


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religion, leads to the conclusion that the person is a

Si h

11 17 Appellant had led his life throughout #$ follo*ing Si h

customs %e used to pra$ in /urd*aras %e got the

A hand Path, #hog, irtan and Antim Ardas performed

after the death of his *ife and his mother Three of his

daughters are married into %indu families %e had gi en

a pu#lic notice of his formall$ em#rasing Si hism as far

#ac as in "006, *hich *as not o#jected to #$ an$one

:n the other hand, the e idence *as clear that he had

ne er o#ser ed an$ of the customs, rites, or ceremonies

of slam Thus, neither did appellant conduct himself as

a muslim, nor did he regard himself as the one %e *as

not percei ed as a muslim #$ his near and dear ones,

friends and ac uaintances

11 1= The %igh &ourt erred in holding that the declaration

made #$ the appellant under the Si h /urd*aras Act

19"5 *ould ta e effect onl$ from the date of the


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declaration t failed to note that the declaration, #$ its

er$ nature, *ould #e retroacti e in operation

11 19 The %igh &ourt erred in holding that the instant case

*as one of con ersion from slam to Si hism and

therefore the appellant could not claim to #e a mem#er of

a Scheduled &aste The %igh &ourt failed to appreciate

that the appellant had #een raised as a Si h #elonging to

>3oom? caste from the er$ #eginning and such it *as not

a case of con ersion

11 "0 The %igh &ourt has misconstrued the e idence of P


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11 "1 The %igh &ourt further erred in holding that since the

appellant did not *ear the fi e > a as? i e Eachha,

Earha, Eirpan, Eangha and Eesh, he could not #e a Si h

The %igh &ourt failed to note that the same is re uired

onl$ of Amritdhari Si hs, and not all Si hs, and e en

among Amritdhari Si hs it is not a uni ersal practice

1" Su#missions and arguments ad anced on #ehalf of

Respondent -'lection Petitioner. +

1" 1 &onstitution -Scheduled &astes. :rder, 1950 pro ides

that no person *ho professes a religion different from the

%indu, the Si h or the uddhist shall #e deemed to #e a

mem#er of a Scheduled &aste Thus a person professing

;uslim religion cannot claim Scheduled &aste status

1" " Inder section 5-a. of the Representation of the People Act

1951, the ualification to #e elected to the egislati e

Assem#l$ from a seat reser ed for Scheduled &astes is

that the candidate must #elong to one of the Scheduled


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&astes specified for the said State, in the &onstitution

-Scheduled &astes. :rder, 1950 Since the hadaur

&onstituenc$ *as reser ed for the Scheduled &astes in

the State of Punja#, as such the appellant #eing not a

mem#er of Scheduled &aste *as not ualified to contest

election from said &onstituenc$

1" 4 The %igh &ourt has correctl$ e aluated the material

a aila#le on record to find out as to *hether the

appellant had ta en #irth in the famil$ of Scheduled

&aste as per the &onstitution -Scheduled &astes. :rder,

1950 #efore concluding that the appellant #eing a

muslim cannot deri e an$ #enefit of Scheduled &aste

1" ! ' en if it is presumed that the appellant #elonged to

3oom communit$ and em#raced Si hism, it cannot #e

said that he *as a mem#er of Scheduled &aste and he

*ould carr$ his >3oom? &aste along *ith him at the time


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of con ersion t is apposite to mention here that a

muslim e en if #elonging to Scheduled &aste *as not

eligi#le to contest the election, as such #$ merel$

em#racing Si hism, he cannot #ecome eligi#le for the

same

1" 5 A person em#racing religion other than %indu or Si h

does not carr$ his caste *ith him as a general rule (o

special circumstances ha e #een #rought on record so

that this &ourt ma$ presume that the appellant had

carried his >3oom? caste along *ith him after em#racing

Si hism n fact, on the #asis of the e idence led #$ #oth

the parties, the %igh &ourt *as rightl$ not con inced

that the appellant had em#raced Si hism for the reason

that the appellant fairl$ admitted during his cross+

eCamination that his forefathers as *ell as his *ife *ere

follo*ing slam

1" 6 ;oreo er, the declaration *hich is re uired to #e erified

#$ a ;agistrate under Rule 4-#. of the Si h /urd*aras


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Rules, 19"5 has #een erified #$ the :ath &ommissioner

and not #$ the ;agistrate, and hence it does not ualif$

to #e a legal declaration and therefore, its not a alid

declaration

1" 7 $ an application dated 14 07 "006, -'Ch PH., the

appellant had applied for issuance of a Scheduled &aste

certificate #$ claiming himself that he #elonged to 83oom

-;arasi. caste, *hich *as granted to him on the same

date i e 14 07 06 -'Ch PH6., under the orders of the then

Tehsildar, udhiana -


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"5 0= "006 -'Ch P/., for issuance of another Scheduled

&aste certificate claiming himself to #e a 83oom caste

onl$ and a certificate -'Ch P/"., to that effect *as issued

on the same date i e "5 0= "006 %o*e er, the 2oint

Secretar$,


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1" 9 The t*o Scheduled &aste &ertificates dated 14 07 "006

'Ch PH6 and "5 0= "006 'Ch P/" got issued #$ the

appellant are not alid Scheduled &aste certificates

1" 10 Su# Section -9. of Section ", of the Si h /urud*ara Act,

19"5 defines a Si h reads as follo*s+

8-9. Si h @ 8Si h means a person *ho professes theSi h religion or in the case of a deceased person,*ho professed the Si h religion or *as no*n to #ea Si h during his life time

f an$ uestion arises as to *hether an$ li ingperson is or is not a Si h, he shall #e deemedrespecti el$ to #e or not to #e a Si h according as

he ma es or refuses to ma e in such manner as theState /o t ma$ prescri#e the follo*ing declaration+

solemnl$ affirm that am a Si h, that #elie e inthe /uru /ranth Sahi#, that #elie e in the ten/urus and that ha e no other religion

1" 11 n the Rules framed under Si h /urud*ara Act, 19"5,

it is pro ided that a declaration shall #e made either

orall$ in the presence of the authorit$ #$ *hom it is to #e

decided *hether the person in uestion is a Si h or not,


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or in *riting and -i. if the declaration is made orall$ the

authorit$ in *hose presence it is made shall record the

ma ing of it in *riting and the record shall #e attested #$

the signature or thum#+mar of the person ma ing it,

and -ii. if the declaration is made in *riting it shall #e

signed #$ the person ma ing it, shall #e erified #$ a

magistrate and shall #e for*arded in original to the

authorit$ #$ *hom it is to #e decided *hether the person

in uestion is a Si h or not

1" 1" Hor ceremon$ of aptism and mitation procedure

re uired in Art JJ G is re uired to #e follo*ed, *hich is

not follo*ed, as such %igh &ourt committed no error of

la* in setting aside election of the appellant

1" 14 n the a#o e circumstances, the respondent deser es to

#e declared elected for remaining period from Assem#l$

&onstituenc$ hadaur


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14


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an$ of the four social di isions namel$ rahmin -Priests.,

Ehshatri$a -scheduled castes? hasa technical meaning gi en to it #$ clause -"!. ofArticle 466 and it means +

>such castes, races or tri#es or parts of orgroups *ithin such castes, races or tri#es asare deemed under Article 4!1 to #e Scheduled&astes for the purposes of this &onstitution?

The President in eCercise of the po*er conferredupon him under Article 4!1 has issued the&onstitution -Scheduled &astes. :rder, 1950 Paras-". and -4. of this :rder are material and the$ readas follo*s

8" Su#ject to the pro isions of this :rder,the castes, races or tri#es or parts of or groups*ithin caste or tri#es specified in Part to Jof the Schedule to this :rder shall, in relationto the States to *hich these parts respecti el$relate, #e deemed to #e scheduled castes so far

1 (1976) 3 SCC 411


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as regards mem#ers thereof resident in thelocalities specified in relation to them in thoseParts of that Schedule

4 (ot*ithstanding an$thing contained inpara ", no person *ho professes a religiondifferent from the %indu or the Si h religionshall #e deemed to #e a mem#er of aScheduled &aste

The schedule to this order in Part sets out thecastes, races or tri#es or parts of or groups *ithincastes or tri#es *hich shall in the different areas ofthe State of Andhra Pradesh #e deemed to #e

scheduled castes :ne of the castes specified thereis ;adiga caste and that caste must, therefore, #edeemed to #e a scheduled caste ut #$ reason ofclause -4., a person #elonging to ;adiga caste*ould not #e deemed to #e a mem#er of a scheduledcaste unless he professes %indu or Si h religion atthe rele ant time t is not necessar$ that he shouldha e #een #orn a %indu or a Si hKK

-'mphasis supplied.

17 n S. Anbalagan . B. Devarajan 2 , *hich is a case

pertaining to election from Rasipuram Parliamentar$

&onstituenc$ -reser ed for Scheduled &astes., a three+2udge

ench of this &ourt at the end of para 14 has o#ser ed as

under +

814 KKKK (o*, if such a &hristian #ecomes a%indu, surel$ he *ill re ert to his original caste, if

2 (1984) 2 SCC 112


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he had lost it at all n fact this process goes oncontinuousl$ in ndia and generation #$ generationlost sheep appear to return to the caste+fold and areonce again assimilated in that fold This appears to

#e particularl$ so in the case of mem#ers of theScheduled &astes, *ho em#race other religions intheir uest for li#eration, #ut return to their oldreligion on finding that their disa#ilities ha e clungto them *ith great tenacit$


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in ol es loss of the caste unless the religion to*hich he is con erted is li#eral enough to permitthe con ertee to retain his caste or the famil$ la*s#$ *hich he *as originall$ go erned There are

num#er of cases *here mem#ers #elonging to aparticular caste ha ing #een con erted to&hristianit$ or e en to slam retain their caste orfamil$ la*s and despite the ne* order the$ *erepermitted to #e go erned #$ their old la*s ut thiscan happen onl$ if the ne* religion is li#eral andtolerant enough to permit such a course of action


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other religions Appl$ing the doctrine of eclipse, this &ourt

o#ser ed as under +

8 4. n our opinion, *hen a person is con erted to&hristianit$ or some other religion the original casteremains under eclipse and as soon as duringhis)her lifetime the person is recon erted to theoriginal religion the eclipse disappears and the casteautomaticall$ re i es


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"0 n paragraphs 51 and 5" in Kailash Sonkar -supra., on

the facts of said case, this &ourt ga e follo*ing conclusions +

851 KKKKK

-1 . That the respondent *as #orn of &hristianparents and *as educated in arious schoolsor institutions *here she *as no*n as a&hristian,

-2 . That 4+! $ears #efore the election, therespondent *as recon erted to %induism and

married 2ai Pra ash Shal*ar, a mem#er of theEatia caste, and also performed theShudhi aran ceremon$,

-3 . That she *as not onl$ accepted #ut also*elcomed #$ the important mem#ers,including the President and Gice+President, ofthe communit$,

-4 . There is no e idence to sho* that there *as

an$ #ar under the &hristian religion *hichcould ha e pre ented her from recon ertingherself to %induism,

-5 . That there *as no e idence to sho* that e enher parents had #een &hristian fromgeneration to generation

52. n these circumstances, therefore, this case

fulfils the conditions re uired for #eing recon ertedto %induism from &hristianit$ in order to re i e theoriginal caste


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"1 n K. . Manu . Scrunity Co!!ittee "or #eri"ication

o" Co!!unity Certi"icate 4 , one of the uestions eCamined #$

this &ourt is @ *hether on re+con ersion, a person #orn to

&hristian parents could, after recon ersion to the %indu

religion, #e eligi#le to claim the #enefit of his original caste

Referring to arious case la*s, including those referred a#o e,

this &ourt disagreed *ith the finding of Scrutin$ &ommittee

that caste certificate issued to a person on the #asis of the fact

that though the great grandfathers of such person #elonged to

Pula$a communit$ -i e Scheduled &aste., #ut he *as #orn

after his ancestors em#raced &hristianit$ and thereafter,

recon erted into %indu religion is not entitled to the

Scheduled &aste certificate &onstitution ench decision in

Guntur Medical College -supra. and three+2udge ench

decisions in S. Anbalagan -supra. and Kailash Sonkar

-supra. are referred to and relied upon in K. . Manu -supra.

"" n the case at hand, admittedl$ the appellant *as #orn to

muslim parents %o*e er, he has pro ed that his famil$

mem#ers though follo*ed slam #ut the$ #elonged to 83oom4 (2015) 4 SCC 1


33/36Page 33

Page 33 of 36

communit$ t is settled la* that a person can change his

religion and faith #ut not the caste, to *hich he #elongs, as

caste has lin age to #irth t is pro ed on the record that the

appellant *as issued a caste certificate as he *as found to #e

mem#er of >3oom? communit$ #$ the competent authorit$,

after he declared that he has em#raced Si hism, and he *as

accepted #$ the Si h communit$ t is not disputed that

>3oom? in Punja# is a Scheduled &aste under &onstitution

-Scheduled &astes. :rder, 1950 The Scheduled &aste

&ertificate (o 61!9 dated "5 0= "006 -'Ch P/)". *as issued

to the appellant #$ the competent authorit$, and accepted #$

the returning officer Said certificate appears to ha e not #een

cancelled


34/36Page 34

Page 34 of 36

record that the appellant em#raced Si h religion on

14 0! "006, and got pu#lished the declaration on 0! 01 "007

in the ne*spapers %industan Times -'nglish. 'Ch RA, and Ajit

-Punja#i. 'Ch R (omination for election in uestion *as

filed #$ him fi e $ears thereafter The appellant has further

sufficientl$ eCplained that since he *as popular as a singer

*ith the name @ >;ohammad Sadi ue? as such *ithout

changing his name, he accepted the Si hism and follo*ed all

rites and traditions of Si h Religion

"4 t is not essential for an$one to change one?s name after

em#racing a different faith %o*e er, such change in name

can #e a corro#orating fact regarding con ersion or

recon ersion into a religion)faith in appropriate cases Also it

is not necessar$ in la* that entire famil$ of a person should

con ert or recon ert to the religion to *hich he has gone

R


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Page 35 of 36

his cross+eCamination admits that he did not raise an$

o#jection at the time *hen nomination papers *ere filed #$ the

appellant

"! n the a#o e circumstances, *e are inclined to hold that

the %igh &ourt has erred in la*, #$ ignoring the a#o e facts on

the record, and gi ing importance to form of declaration, and

the inter ie* said to ha e #een gi en #$ appellant to P< 6

/ulBar Singh Shaun i, author of #oo + 8Sada ahar /a$a @

;ohammad Sadi ue 2ee an Te /eet -'Ch PE. Statement of

the appellant R


36/36

Page 36 of 36

Devarajan " , and Kailash Sonkar . Maya Devi 4 , in our

opinion, the impugned judgment passed #$ the %igh &ourt

cannot #e upheld

"6 Accordingl$, the appeal is allo*ed, and the 'lection

Petition filed #$ the respondent is dismissed (o order as to

costs

KKKKKKKKKKK 2 MRanjan /ogoiN

KKKKKKKKKKK 2

MPrafulla & PantN

(e* 3elhiO

April "9, "016

2 (1984) 2 SCC 112

judgement copy

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