The Balmiki Caste is one of the castes declared to be a Scheduled Caste under the Constitution Scheduled Castes Order, 1950.
I am a Hindu.
On the other hand, I was born in Balmiki Hindu family.
Acting on the declaration afore 1015 said, the returning officer overruled the objection, and accepted the numberination paper of the appellant as valid.
86 of 1953 arising out of the Judgment and Order dated the 7th January 1953 of the Court of Sessions Judge, Karnal in Criminal Appeal No.
Appeal by special leave from the Judgment and 0rder dated the 10th June 1953 of the Punjab High Court at Simla in Criminal Revision No.
Against this order, the appellant preferred an appeal to the Court of the Sessions Judge, Karnal, who dismissed the same on the ground that the returning officer was number a Court,, that the proceedings before 1016 him did number fall under section 476, and that there fore numberappeal lay under section 476 B. The appellant took the matter in revision before the High Court, Punjab, and that was heard by Harnam Singh, J., who held, differing from the Sessions Judge, that the returning officer was a Court, and that his order was therefore appealable.
He therein alleged that the declaration made by the appellant that he belonged to the Balmiki caste was false, that, in fact, be was born a Muslim and had been companyverted to Hinduism, and that therefore in the interests of justice and for safeguarding the interests of the Scheduled Castes, proceedings should be taken for his prosecution.
On 17 9 1952 the Magistrate passed an order that there was a prima facie case for taking action, and on 29 9 1952 he filed a companyplaint before the First Class Magistrate, Karnal, charging the appellant with offences under sections 181, 182 and 193 of the Indian Penal Code.
He added that he bad two Muslim wives living at the time of the companyversion.
In his companynter affidavit the appellant stated I am number a Muhammadan by birth.
At the polling, the appellant got the majority of votes, and on 6 3 1952 he was declared duly elected.
On 27 8 1952 Jai Ram Sarup filed the application out of which the present appeal arises, under sections 476 and 195 of the Code of Criminal Procedure before the District Magistrate, who functioned as the returning officer.
The District Magistrate held an enquiry in which one Prith Singh Azad, President of the Depressed Classes, Delhi, gave evidence that the appellant was a Muslim of the name of Khaliq Sadiq, that in 1938 he applied to the Suddhi Sabha to be companyverted to Hinduism, that be was so companyverted, and that thereafter he came to be known as Virindar Kumar.
It is against this order that the present appeal by special leave is directed.
The above declaration was made on solemn affirmation before the First Class Magistrate, Karnal, and the numberination paper with the above declaration were filed before the District Magistrate, Karnal, who was the returning officer.
One Jai Ram Sarup, a member of the Chamar caste, which is one of the Scheduled Castes, was also a candidate for the seat, and he raised the objection that the appellant was number a Balmiki by caste, and that he was therefore number qualified to stand for election to the re served Constituency.
Schedule If companytains the form of numberination paper to be used, with the terms in which the declaration is to be made by the candidate and verified by the Magistrate.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
355 of 1952.
The proviso to section 33 3 of the Representation of the People Act XLIII of 1951 , omitting what is number material, enacts that in a companystituency where any seat is reserved for the Scheduled Castes, numbercandidate shall be deemed to be qualified to be chosen to fill that seat unless his numberi nation paper is accompanied by a declaration verified in the prescribed manner that the candidate is a member of the Scheduled Castes for which the seat has been so reserved and the declaration specifies the particular caste of which the candidate is a member and also the area in relation to which such caste is one of the Scheduled Castes.
On 5 11 1951 the appellant signed two numberination papers, each companytaining the following declaration I hereby declare that I am a member of the Balmiki Caste which has been declared to be a Scheduled Caste in the State of Punjab.
Gopal Singh and P. G. Gokhale, for the respondent.
Rule 6 of the Election Rules provides that the declaration referred to in the above proviso shall be verified by the candidate on oath or solemn affirmation before a Magistrate.
62 of 1954.
In cross examination, he stated that the appellant bad admitted before him that he was a Muslim by birth.
The applicant, Jai Ram Sarup, also produced ten letters stated to be in the handwriting of the appellant in proof of the above facts.
1014 1955.
C. Chatterjee, Vir Sen Sawhney and Rajinder Narain, with him for the appellant.
November 24.
The Judgment of the Court was delivered by VENKATARAMA AYYAR J. The appellant was a candidate for election to the House of the People from the Karnal Reserved Constituency during the last General Elections.
