Case Note & Summary
The dispute arose from an election petition filed by the appellant challenging the election of the second respondent from a reserved constituency, alleging that the latter falsely claimed to belong to the Konda Reddy Scheduled Tribe. The election took place on 28.5.1980, with the second respondent declared elected after securing 43,263 votes against the appellant's 40,997. The appellant contended that the second respondent, a Hindu Reddiar, was ineligible to contest as only Scheduled Tribe candidates could stand for election in that constituency. The High Court had previously dismissed the election petition, upholding the second respondent's election. Upon appeal, the Supreme Court examined the evidence, including certificates and testimonies, concluding that the second respondent did not belong to the Konda Reddy community but rather to the Hindu Reddiar community, which is not recognized as a Scheduled Tribe. The court emphasized the importance of strict scrutiny in such cases to prevent fraudulent claims that could deprive eligible candidates of their rights. Consequently, the Supreme Court set aside the election of the second respondent, declaring it void under Section 100(1)(c) of the Representation of the People Act, 1951, and directed the parties to bear their respective costs.
Headnote
A) Election Law - Candidature Eligibility - False Claim of Caste - Representation of the People Act, 1951, Section 100(1)(c) - The second respondent falsely claimed to belong to the Konda Reddy Scheduled Tribe to contest from a reserved constituency, while evidence established he belonged to the Hindu Reddiar community, which is not a Scheduled Tribe. The court held that his election was void under Section 100(1)(c) due to the false claim. (Paras 19D-G)
Issue of Consideration
Whether the second respondent belonged to the Konda Reddy Scheduled Tribe community and was eligible to contest from the reserved constituency.
Final Decision
The Supreme Court allowed the appeal, set aside the election of the second respondent, and declared it void under Section 100(1)(c) of the Representation of the People Act, 1951.
Law Points
- Election validity
- false certificate
- Scheduled Tribe
- Representation of the People Act
- 1951
- scrutiny of nominations
