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1 - 10 of 34 (0.34 seconds)Article 341 in Constitution of India [Constitution]
Section 4 in The Representation Of The People Act, 1950 [Entire Act]
Sobha Hymavathi Devi vs Setti Gangadhara Swamy & Ors on 28 January, 2005
16. Section 3 of Act 11 of 1996 makes it
absolutely clear that the caste certificate to
be issued under the Act is only for claiming
"any benefit, concession, protection, exemption
or reservation provided to such castes or
tribes either for any appointment in public
services or for admission into educational
institutions, exclusively intended for members
of the Scheduled Castes or Scheduled Tribes or
for contesting for the seats reserved for them
in educational institution in the State or
outside the State for the students of the State
or local authority or co-operative
E.P.2/2009 55
institution". The certificate is not for
submitting to contest an election for either
Parliament or Legislative Assembly. An
identical provision in Andhra Pradesh
(Scheduled Castes, Scheduled Tribes and
Backward Classes) Regulation of Issue of
Community Certificates Act, 1993 ) was
considered by the Apex Court in Sobha Hymavathi
Devi v. Setti Gangadhara Swamy and Others
(2005) 2 SCC 244) and held that the certificate
does not embrace an election to the Legislative
Assembly or to the Parliament and therefore the
court is not bound by the certificate in
exercise of the jurisdiction under the
Representation of People Act in an election
petition and is not precluded from going into
the question of status of a candidate or making
an independent inquiry into that question, in
spite of production of a caste certificate as
provided under the said Act. As Act 11 of 1996
E.P.2/2009 56
is not applicable to an election to the
Parliament or Legislative Assembly, for the
reason that Ext.P1 was not issued following
the procedure provided under the said Act or is
not in the prescribed form or on the ground
that the application was not submitted in the
prescribed form, it cannot be said that the
caste certificate cannot be relied on by the
Returning Officer.
Article 84 in Constitution of India [Constitution]
Article 342 in Constitution of India [Constitution]
Section 3 in The Representation Of The People Act, 1950 [Entire Act]
Section 2 in The Hindu Succession Act, 1956 [Entire Act]
Article 366 in Constitution of India [Constitution]
Principal, Guntur Medical College, ... vs Y.Mohan Rao on 6 April, 1976
In Guntur Medical College's case
(supra) a five Judge Bench reiterated the
principle that there is no absolute rule
applicable to all cases that "whenever a member
of a caste is converted from Hinduism to
Christianity, he loses his membership of the
caste" and the question was considered in
Arumugam's case(supra) and pointed out that
"ordinarily it is true that on conversion to
christianity, a person would cease to be a
member of the caste to which he belongs but it
is not an inevitable rule and the consistent
view taken since 1886 was that on reconversion
to Hinduism, a person can once again become a
member of the caste in which he was born and to
which he belonged before conversion to another
religion, if the members of the caste accept
him as a member and there was no reason either
on principle or on authority to disregard that
E.P.2/2009 94
view which prevailed for almost a century.
The Constitution Bench declared that the said
reasoning is equally applicable in a case where
the parents of a person converted from Hinduism
to Christianity and he is born after their
conversion. Their Lordships held:-