Case Note & Summary
The appeal arose from a judgment of the High Court of Karnataka dated October 27, 1994, dismissing Election Petition No.3 of 1991. The appellant had filed his nomination as a Scheduled Caste candidate from Bidar-1 (SC) Parliamentary Constituency for the 9th Lok Sabha on April 26, 1991. The Returning Officer rejected the nomination on April 27, 1991, finding that the appellant was a Veerashiva Jangamma and not a Beda Jangamma, which is item 19 of the Presidential Notification for Karnataka. The appellant challenged the rejection by filing an election petition before the High Court, which was dismissed, leading to the present appeal under Section 116-B of the Representation of the People Act, 1951. Before the Supreme Court, the appellant argued that he was a Beda Jangamma, his father was the President of the Beda Jangamma Association, and he had previously contested elections as a member of that caste. He contended that among Lingayaths there are various sub-castes and that although the High Court found his sub-caste as Veerashiva, it was actually Beda Jangamma. He also relied on a prior civil court judgment in Misc. No.75 of 1987 (Ex P-14) which had held him to be a Beda Jangamma. The Supreme Court considered the evidence and found no force in the contentions. The Court noted that under Article 341 of the Constitution, the Presidential Notification specifying Scheduled Castes is conclusive, subject only to amendment by Parliament. It observed that in 1976, the Scheduled Castes, Scheduled Tribes (Amendment) Act was enacted, and item 19 of the Presidential Notification for Karnataka declared Beda Jangamma or Budaga Jangamma as Scheduled Castes. The High Court's factual finding was that the appellant belonged to Veerashiva Lingayath Community and was a Jangamma, not a Beda Jangamma. The Supreme Court reiterated the settled law that courts cannot give any declaration that the status with synonymous names of castes claimed by a party conforms to the names specified in the Presidential Notification under Article 341. The Court agreed with the High Court's rejection of evidence, including the Census Report and Legislative Department Notification. Regarding the civil court judgment, the Court noted that the civil court had based its decision on a certificate issued by the Assistant Municipal Commissioner, which the High Court found was issued without jurisdiction. The Supreme Court held that once the certificate lacked jurisdiction, the basis of the civil court judgment was knocked off, and that judgment was not a judgment in rem nor binding on the High Court. Consequently, the Supreme Court held that there was no warrant for finding that the appellant belonged to Scheduled Castes and was entitled to contest as a Scheduled Caste candidate. The appeal was dismissed with no order as to costs.
Headnote
A) Constitutional Law - Scheduled Castes - Article 341, Constitution of India, 1950 - Presidential Notification conclusive subject to amendment by Parliament - Courts cannot equate synonymous caste names with specified entries - Appellant claimed Beda Jangamma status but High Court found he belongs to Veerashiva Lingayath Jangamma; Supreme Court held that courts cannot give declaration that status with synonymous names conforms to Presidential Notification and upheld rejection of nomination (Paras 1-3). B) Election Law - Representation of the People Act, 1951 - Section 116-B - Appeal to Supreme Court against High Court judgment in election petition - Court examined evidence including civil court judgment and certificate from Assistant Commissioner; found certificate issued without jurisdiction and civil court judgment not in rem - Held no ground to interfere with High Court dismissal of election petition challenging rejection of nomination as scheduled caste candidate (Paras 1-3).
Issue of Consideration
Whether Veerashiva Lingayath Jangamma can be considered as Beda Jangamma (Scheduled Caste) under the Presidential Notification issued under Article 341 of the Constitution.
Final Decision
Appeal dismissed. No costs. Supreme Court upheld High Court finding that appellant is Veerashiva Lingayath Jangamma and not Scheduled Caste (Beda Jangamma); Presidential Notification conclusive.
Law Points
- Presidential Notification under Article 341 of the Constitution is conclusive
- courts cannot declare synonymous caste names as conforming to notified scheduled castes
- civil court judgment on caste status is not a judgment in rem
- certificate issued by authority without jurisdiction invalid
