Professional Documents
Culture Documents
Mohammad Sadique
Appellant
Versus
Respondent
JUDGMENT
Prafulla C. Pant, J.
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Election
Petitioner
(respondent
herein)
filed
his
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4.
It
appears
that
on
14.01.2012,
one
Badal
Singh
the
election
through
Election
Petition
was
available.
5.
from
102-Bhadaur
(Scheduled
Caste)
Assembly
Constituency on 06.03.2012.
6.
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Government
of
Punjab
vide
memorandum
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Commissioners
that
such
Scheduled
Castes
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parties framed following issues:(1) Whether the respondent being muslim was not
qualified to contest the election from 102-Bhadaur
Assembly Constituency reserved for the members of
the Scheduled Castes?
(2) Whether the respondent is a Sikh and professes
Sikh religion?
(3) Whether the election petition is not verified in
accordance with Order VI Rule 15 of the Code of
Civil Procedure, 1908? If so, its effect.
(4) Whether no material fact can be pleaded in the
replication after expiry of the period of limitation for
filing an election petition?
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and hearing them, allowed the Election Petition and set aside
the election of the appellant, holding that he was a muslim,
and not a member of Scheduled Caste, as such not qualified
to contest election from 102 Bhadaur (Scheduled Caste)
Assembly Constituency.
10.
appellant:
11.1 In 1939, appellant was born in Doom caste in Punjab.
The appellants parents were Muslims by birth. However,
the appellant even before his conversion to Sikhism, had
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He has
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These
Thereafter, the
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on 13.04.2006.
13.07.2006,
appellant
got
his
application
and
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he
got
the
Akhand
Path
performed
in
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and
Ajit
Jalandhar
dated
The entire
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Sangrur.
Sikh personalities.
11.14 In December 2011, the election scheduled for Punjab
Legislative
Assembly
Elections
was
announced.
reserved
for
Scheduled
Bhadaur constituency
Castes
in
Punjab.
on
30.01.2012.
On
06.03.2012,
results
were
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There is no formal
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He got the
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11.21 The High Court further erred in holding that since the
appellant did not wear the five kakkas i.e Kachha,
Karha, Kirpan, Kangha and Kesh, he could not be a Sikh.
The High Court failed to note that the same is required
only of Amritdhari Sikhs, and not all Sikhs, and even
among Amritdhari Sikhs it is not a universal practice.
12.
Respondent (Election Petitioner) :12.1 Constitution (Scheduled Castes) Order, 1950 provides
that no person who professes a religion different from the
Hindu, the Sikh or the Buddhist shall be deemed to be a
member of a Scheduled Caste. Thus a person professing
Muslim religion cannot claim Scheduled Caste status.
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of conversion.
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appellant
again applied on
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the
advertisement
in
the
newspapers
on
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13.
the High Court has erred in holding that the appellant was not
a member of Scheduled Caste on the date of filing of his
nomination papers from the Assembly Constituency 102
Bhadaur (SC) in Punjab, as such he was not qualified, and his
election from said constituency is bad in law.
15.
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Caste.
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pertaining
to
election
from
Rasipuram
Parliamentary
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(1984) 2 SCC 91
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other religions.
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20.
the facts of said case, this Court gave following conclusions: 51.
(1)
(2)
(3)
(4)
(5)
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21.
muslim parents.
(2015) 4 SCC 1
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community.
communication
dated
17.11.2008
(Ext.
PJ)
State
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record
that
the
appellant
embraced
Sikh
religion
on
can
fact
be
corroborating
regarding
conversion
or
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the High Court has erred in law, by ignoring the above facts on
the record, and giving importance to form of declaration, and
the interview said to have been given by appellant to PW 6
Gulzar Singh Shaunki, author of book - Sada Bahar Gayak
Mohammad Sadique : Jeevan Te Geet (Exh.PK). Statement of
the appellant RW-5 regarding conversion to Sikhism, is fully
corroborated by RW-11 Darshan Singh, Ex-Sarpanch of village
Kupkalan, RW-6 Rachhpal Singh, Secretary of Gurudwara
Sahib Kupkalan, RW-9 Ms. Sukhjeet Kaur, co-singer in
Gurudwara, and RW-14 Sant Shamsher Singh Jageda, who
presented Saropa to the appellant.
25.
and keeping in view the law laid down by this Court in Guntur
Medical College v. Y. Mohan Rao1, S. Anbalagan v. B.
1
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..J.
[Prafulla C. Pant]
New Delhi;
April 29, 2016.
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