DESHRAJ versus BODHRAJ

Citation: [2007] 12 S.C.R. 757 · Decided: 30-11-2007 · Supreme Court of India · Bench: K.G. BALAKRISHNAN

Judgment (excerpt)

, 
f 
DESHRAJ 
A 
v. 
BODHRAJ 
NOVEMBER 30, 2007 
[K.G. BALAKRISHNAN, CJ AND R.V. RA VEENDRAN, J.] 
B 
Representation of the People Act, 1951: 
ss. 5 and JOO(l)(a)-Election in State Assembly Constituency C 
reserved for Scheduled castes-Election of returned of candidate 
challenged on the ground that he did not belong to Scheduled Caste-
HELD: In view of ss. 5 and JOO(l)(a) r/w Article 173 of the 
Constitution, if a candidate, who contests election from the 
Constituency reserved for Scheduled Castes, is shown in a proceeding D 
challenging his election, as not belonging to a Scheduled Caste, his 
election is liable to be declared as void:_On facts, from the oral and 
documentary evidence adduced by the election-petitioner, it has been 
established that the returned candidate did not belong to 'Lahar' 
Scheduled Caste as claimed by him, but was of 'Tarkhan 'caste which 
was not a Scheduled Caste in the State and, as such, his election is E 
declared to be void-Constitution of India, 1950-Article 173. 
Evidence Act, 1872: 
s. 72-Relevancy of entries in public record made in performance 
of duty-School admission and withdrawal registers, P ariwar Registers F 
and Birth Register showing the caste of the candidate and hisfamily-
HELD: All these public records were produced by authorities of 
respective Government Institutions duly summoned and examined by 
court as PWs-Entries in these records in regard to age, caste etc. are 
considered as relevant and admissible-High Court erred in ignoring G 
entries in these documents-Punjab Police Rules, 1934-rr. 22. 45 and 
22.66-Representation of the People At, 1951-ss. 5 and lOO(l)(a). 
757 
H 
,. 
758 
SUPREME COURT REPORTS 
[2007] 12 S.C.R. 
A 
s. 90-Presumption as to documents thirty years old-Application 
for admission given to Government Secondary School showing the 
caste of the candidate and his family-HELD: Documents are thirty 
years old and attract the presumption u/s 90-Punjab Police Rules. 
1934-rr. 22.45 and 22.66-Representation of the People At, 1951--
t 
B ss. 5and100(l)(a). 
\>-
Judicial Notice-Caste certificate issued by Executive 
Magistrate-HELD: Such caste certificates are not given after a 
thorough investigation-~When school records show a particular caste, 
the caste certificates issued to the candidate and his relatives by 
C Executive Magistrate showing a different caste should be ignored-· 
Social status certificates. 
The appellant and the respondent both, claiming themselves to 
be members of Scheduled Castes, contested election for Member 
D of Legislative Assembly from 35-Gangath (SC) Assembly 
Constituency in the State ofHimachal Pradesh held on 26.2.2003, 
and the respondent having secured the highest number of votes was 
declared as elected. The appellant challenged the election of the 
respondent in an election petition before the High Court on the 
E ground that he did not belong to 'Lobar' caste, as claimed by him 
through a caste certificate dated 16.12.1991 issued by the Executive 
Magistrate, but belonged to 'Tarkhan' Caste which was not a 
Scheduled Caste in the State. The respondent resisted the election 
petition on the ground that he was' Lobar' which was a Scheduled 
F Caste, and as such, was eligible and qualified to contest the election 
from the Constituency concerned. The High Court held that the 
election petitioner failed to prove that the returned candidate did 
not belong to Scheduled Caste (Lobar) and, as such, dismissed the 
election petition. 
G 
In the instant appeal filed by the election petitioner under s.116-
H 
A of the Representation of the People Act, 1951, the question for 
consideration was: Whether the appellant-election petitioner proved 
that the respondent-returned candidate did not belong to 'Lobar' 
caste- a Scheduled Caste in the State ofHimachal Pradesh? 
Y' 
t 
DESHRAJv. BODHRAJ 
759 
1 
-., 
Allowing the appeal, the Court 
A 
HELD:l.1. In view of Sections 5 and lOO(l)(a) of the 
Representation of the People Act, 1951 read with Article 173 of the 
Constitution oflndia, if a candidate who contests election from the 
constituency reserved for Scheduled Castes, representing himself 
B 
as belonging to a Schedule Caste, is shown in a proceeding 
challenging his election, as not belonging to a Schedule Caste of the 
State, his election is liable to be declared as void. 
[Para SJ [764-D, E) 
1.2. In the instant case, the oral evidence of the witnesses c 
examined by the appellant election-petitioner (PWs 7, 8, 9 a

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