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3. The election of the Appellant was challenged by the Respondent in Election Petition No.11 of 2021 before the High Court.

CIVIL APPEAL NO.2758 OF 2023 3 of 63  The ground of challenge laid therein was that the Appellant’s paternal grandparents had migrated from Tamil Nadu to Kerala in 1951. They were of the ‘Hindu Parayan’ caste in the State of Tamil Nadu. ‘Parayan’ is included in the list of Scheduled Castes of both States viz. Tamil Nadu and Kerala in the 1950 Order, as originally brought into force. Since the Appellant’s grandparents on the paternal side were persons who had migrated from Tamil Nadu, they and their successors were not entitled to claim that they belonged to ‘Hindu Parayan’ of Kerala State. It was averred that hence, the Appellant is not entitled to contest from a Constituency reserved for candidates belonging to the Scheduled Castes from Kerala. The Appellant was born on 17.10.1984 to Mr Antony and Mrs Esther. Mr Antony and Ms Esther, it was asserted, were Christians baptized by the CSI’s 4 Church in Kundala Estate by a pastor named Ebenezer Mani in the year 1982. The Appellant, born in 1984, also was baptized by the said Ebenezer Mani. Thus, the Appellant was a Christian and not entitled to contest from a Constituency reserved for the Scheduled Castes. Church of South India.

8. It was canvassed that the High Court took the view that even though the ancestors of the Appellant started residing in Travancore before 1950, their residence in Travancore can be only for the purpose of employment and they cannot be treated as permanent residents. This finding is assailed on the ground that this was neither pleaded, nor proved by the respondent.

9. It was further canvassed that the 1950 Order was subsequently amended in 1956 pursuant to the passing of the States Re- organization Act, 1956. As per the direction in the States Re- Organization Act, 1956 amendments were brought about to the 1950 Order in 1956 by the Constitution (Scheduled Castes) Order, 1956 (hereinafter referred to as the ‘1956 Order’). The date on which the CIVIL APPEAL NO.2758 OF 2023 7 of 63  residence of the Appellant’s grandparents changed to the State of Kerala on 01.11.1956, being the date when the then State of Travancore became part of the State of Kerala. It was the case in the Election Petition that the grandparents of the Appellant migrated to Kerala in 1951. If that be so, the Appellant’s grandparents would be, without any doubt, ‘Hindu Parayan’ of Kerala in 1956 as the State of Kerala, upon merger, was formed on 01.11.1956. The 1950 Order was again amended in 1976 by the Parliament and the date on which the ‘residence’ is to be reckoned shifted to 01.05.1976. Even in the Impugned Judgment, the High Court finds that the family of the Appellant started permanently residing in Kerala from 1970. In that case also, it was urged, the Appellant is to be treated as a ‘Hindu Parayan’ of Kerala.

(2) Parliament may by law include in or exclude from the list of Scheduled Castes specified in a notification issued under clause (1) any caste, race or tribe or part of or group within any caste, race or tribe, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.’

30. In exercise of power conferred under Article 341(1) of the Constitution, Hon’ble the President issued the 1950 Order. The central issue in the entire controversy is whether the Appellant belongs to the Hindu Parayan caste in the State of Kerala and is covered by the 1950 Order insofar as it relates to the State of Kerala. The twin conditions needing to be satisfied would be (i) being of the Hindu Parayan caste, and; (ii) being, himself/herself or through one’s ancestors, permanent resident of the State of Kerala as on the date of the 1950 Order. Upon CIVIL APPEAL NO.2758 OF 2023 20 of 63  fulfilment of both these conditions, a person can claim a legal right to derive any benefits available to Hindu Parayan caste in the State of Kerala. In the instant case, fulfilment of the same would enable the Appellant to become eligible to contest from the Devikulam Legislative Assembly Constituency 088 in Idukki District, Kerala, reserved for the Scheduled Castes.

31. There is no dispute on the factum that, originally, the grandparents of the Appellant belonged to the Hindu Parayan caste in the erstwhile State of Travancore-Cochin having migrated from the State of Tamil Nadu but prior to 1950. In this regard, there is sufficient evidence available on the record. The next relevant question which would arise would be as to whether the Appellant had still retained the Hindu Parayan caste, as a member of the Hindu religion, when he contested from the Devikulam Legislative Assembly Constituency?