Calcutta High Court
Madhusudan Bag vs Aparupa Poddar (Afrin Ali) And Ors on 4 July, 2014
Author: Soumen Sen
Bench: Soumen Sen
ORDER SHEET
EP No.1 of 2014
IN THE HIGH COURT AT CALCUTTA
Election Petition Jurisdiction
ORIGINAL SIDE
IN THE MATTER OF: MADHUSUDAN BAG
Versus
APARUPA PODDAR (AFRIN ALI) AND ORS
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date : 4th July, 2014.
Appearance:
Mr. K. Chanda, Adv.
Mr. Kumar Jyoti Tewari, Adv.
Mr. Tarun Jyoti Tewari, Adv.
...for the petitioner
Mr. Kishore Datta, Sr. Adv.
Mr. R. Chaturvedi, Adv.
Mr. S. Banerjee, Adv.
Mr. S.N. Pandey, Adv.
...for the respondent no.1
Md. Rezaul Hossain, Adv.
...for the State.
The Court : This election petition has been filed, inter alia, praying for a declaration of the respondent no.1 as purported return candidate from 29 Arambagh (SC) Parliamentary Constituency is illegal and the declaration is to be cancelled. The basis of the petition appears to be that Afrin Ali having the maiden name Aparupa Poddar renounced her original Hindu religion and converted herself from Hindu to Muslim following the rituals in 2007. She got married to Md. Sakir Ali after being converted to Islam. From the Constitution 2 (Scheduled Caste) Order 1950 it is clear that no person who profess different religion from the Hindu (the Sikh or the Buddhist) religion shall be deemed to be a member of Scheduled Caste. Accordingly, it is contended that on conversion she lost her claim based on Schedule Caste status. Initially the petitioner has challenged the filing of nomination by the said candidate during the Parliamentary Election alleging that by reason of such conversion she cannot be treated as Scheduled Caste candidate.
A writ petition has been filed praying, inter alia, for cancellation of the said Scheduled Caste certificate on the basis whereof the said candidate filed the nomination. Mr. Chanda, learned counsel appearing on behalf of the petitioner, submits that the matter may be adjourned for a week in order to enable the petitioner to take instructions in the matter as to whether the petitioner would pursue the writ petition or the instant election petition, since the issues are over lapping and the principle needs to be decided both in the writ petition and in this election petition as to the validity of the Caste certificate, the matter is adjourned for a week.
(SOUMEN SEN, J.) B.Pal