P. 12, which is the register of admissions and withdrawals of the Woorhees High School.
14 Religion of the Student pertaining to the appellant the entry is Indian Christian.
The appellant resisted this plea taken in the election petition on various grounds, but we are only companycerned in this appeal with two of those grounds which formed the subject matter of issues 1 and 3 framed by the High Court of Mysore at the trial of the election petition.
P.W. 9 further stated that, in that companynection, the appellant showed to him his baptismal certificate which indicated that he had been baptized as a Christian ,it Ponnai Anicut Festival which is hold by the Christians in the month of March or April every year.
The appellant was declared as the successful candidate on the ground that he received a larger number of votes than the respondent.
1 got himself companyverted to Christianity, does the respondent prove the facts and the circumstances set out in para 11 of the written statement and do they companystitute in fact and in law companyversion back to Hindu religion as alleged and is it enough in law to give him the benefit of The Constitution Scheduled Castes Order 1950 ?
P.W. 9 was himself supervising the religious observances by the inmates of the hostel.
P. 12.
The respondents case was that, thereafter, the appellant companytinued to be a Christian and, companysequently, he companyld number be held to be a member of the Scheduled Caste for his candi dature for the reserved seat under the Constitution Scheduled astes Order.
P. 11, for admission of the appellant as an inmate of the Woorhees Christian Hostel was made by C. A. Joseph who was the Manager of the Hostel.
Appeal from the judgment and order dated August 30, 1967 of the Mysore High Court in Election Petition No.
Even if it is true that respondent No.
On being cross examined he indicated that the certificate had been issued by the Presbyter of Yehamur Church situated in North Arcot District, 15 miles from Vellore.
He also deposed that, during his stay in the Hostel, the appellant was observing the Christian Religion and was taking kindly towards the religious activities of the hostel, though it appeared that, being a recent companyvert to Christianity he was number quite companyversant with the form,, of worship or service.
Those issues are as follows Does the petitioner prove that on the date of election the respondent No.
The Returning Officer rejected the objection and accepted the numberination paper of the appellant.
K. Sen, S. S. Javali and M. Veerappa, for the appellant.
1 950.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The High Court took the evidence, both documentary and oral, adduced by the parties on these issues and then decided both the issues against the appellant and in favour of the respondent.
Thus, the oral evidence given by W. 9 showing that the appellant was a Christian when he was admitted to the Woorhees High School and the Woorhees Christian Hostel is companyroborated by the entry made in Ext.
4 of 1967.
Sarjoo Prasad, S. Balakrishnan and S. S. Khanduja, for respondent No.
Respondents Nos.
1 was an Indian Christian Protestant by companyversion and number a member of the Scheduled Caste Adi Dravida , professing Christian Religion and therefore, number qualified to stand for election to the Mysore Legislative Assembly as a candidate for the seat reserved for Scheduled Castes from the Kolar Gold Fields Constituency and his election should be declared void under section 100 1 a of the Representation of People Act, 1951 ?
This evidence given by P.W. 9 is further companyroborated by the document, Ext.
that the appellant was number qualified to be a candidate to fill the seat reserved for a member of the Scheduled Caste from the Kolar Gold Fields Constituency.
The numberination papers were scrutinised on 21st January, 1967, when respondent No.
The Constituency companycerned was Kolar Gold Fields and polling in that companystituency took place on 15th February, 1967.
P. 11 by C. A. Joseph as guardian of the appellant and the entry in the Register of Admissions and Withdrawals of the Woorhees High School Ext.
1553 of1967.
The Judgment of the Court was delivered by Bhargava, J. The appellant, S. Rajagopal, the first respon dent C. M. Armugam, and the other three respondents all filed numberinations for election to the Legislative Assembly of the State of Mysore in the last General Elections held in 1967.
C. A. Joseph, who was the Manager, interviewed the appellant and then asked P.W. 9 to admit him to the Hostel.
In ,that admission register, against item No.
1 hereinafter referred to as the respondent raised an objection against the numberination of the appellant on the ground that the numberinations were in respect of a seat reserved for a member of a Scheduled Caste, and the appellant was number an Adi Dravida Hindu, but an Indian Christian, so that he was disqualified to stand as a candidate for this reserved seat.
2 to 4 withdrew their candidature, so that, when actual election took place, the two companytesting candidates were the appellant and the respondent.
The respondent then filed an election petition under section 81 of the Representation of the People Act, 1951, challenging the validity of the election of the appellant on the same ground that he had taken before the Returning Officer, viz.,
10 of 1967 , decided by the High Court of Andhra Pradesh on 28th August, 1967, 28th September, 1967, and 5th September, 1967 respectively, and K. Paramalai v. M. Alangaram and Another Election Petition No.
The respondent admitted that the appellant was originally born as an Adi Dravida Hindu, but it was pleaded that he got himself companyverted as a Christian some time in the year 1949, shortly before lie obtained admission in Woorhees High School at Vellore and to the Woorhees Christian Hostel attached to that School.
