MOHAMMAD SADIQUE versus DARBARA SINGH GURU

Citation: [2016] 4 S.C.R. 372 · Decided: 29-04-2016 · Supreme Court of India · Bench: RANJAN GOGOI · Disposal: Appeal(s) allowed

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Judgment (excerpt)

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[2016] 4 S.C.R. 3 72 
MOHAMMAD SADIQUE 
v. 
DARBARA SINGH GURU 
(Civil Appeal No. 4870 of2015) 
APRIL 29, 2016 
[RANJAN GOGOi AND PRAFULLA C. PANT, JJ.] 
Election Laws - Election to Assembly Constituency - Reserved 
for Scheduled Caste - Election declared - Election of returned 
candidate challenged - On the ground that returned candidate being 
a Muslim did not belong to Scheduled Caste and hence not entitled 
to contest the election from the constituency reserved for Scheduled 
Caste - High Court allowed the election petition setting aside the 
election of returned candidate - On appeal, held:· The returned 
cqndidate has proved that though his family followed Islam but they 
belonged to 'Doom' co111111unity 1l'hich is a Scheduled Caste in Punjab 
under Constitution (Scheduled Castes) Order, 1950 - The candidate 
was issued a caste certificate which he obtained after his conversion 
to 'Sikhism' - The certificate was duly accepted by Returning Officer 
- His having embraced Sikhism was publicly declared - No objection 
lt'as raised to his conversion to Sikhism - A person can change his 
religion but not the caste, as caste has linkage to birth - Thus, it is 
duly proved that returned candidate belonged to the Scheduled 
Caste - Hence, his election was not liable to be set aside -
Representation of the People Act, 1951 - s.5(a) - Constitution 
(Scheduled Caste) Orde1; 1950 - Social Status. 
Words and Phrases: 'Caste' and 'Scheduled Caste' - Meaning 
of 
Allowing the appeal, the Court 
HELD: 1. In the present case, admittedly the appellant was 
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born to Muslim parents. However, he has proved that his family 
members though followed Islam, but they belonged to "Doom" 
community. It is settled law that a person can change his religion 
and faith but not the caste, to which he belongs, as caste has 
linkage to birth. It is proved on the record that the appellant was 
issued a caste certificate as he was found to be member of 'Doom' 
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MOHAMMAD SADIQUE v. DARBARA SINGH GURU 
373 
community by the competent authority, after he declared that he 
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has em braced Sikhism, and he was accepted by the Sikh 
community. 'Doom' in Punjab is a Scheduled Caste under 
Constitution (Scheduled Castes) Order, 1950. [Para 22] [389-D-
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2. The Scheduled Caste Certificate No. 6149 dated 
25.08.2006 (Exh PG/2) was issued to the appellant by the 
competent authority, and accepted by the Returning Officer. Said 
certificate appears to have not been cancelled. Though vide 
communication dated 17.11.2008 (Ext. PJ) State authorities 
informed and clarified to the Deputy Commissioner that members 
following Islam are not entitled to the certificate of Scheduled 
Caste, and if issued, certificates may be cancelled. But the 
certificate (PG/2) dated 25.08.2006 already issued in favour of 
appellant, was not cancelled, which he obtained after his 
conversion to Sikhism. [Para 221 [389-E-Gj 
3. It is proved on the record that the appellant embraced 
Sikfl religion on 13.04.2006, and got published the declaration 
on 04.01.2007 in the newspapers. Nomination for election in 
question was filed by him five years thereafter. The appellant has 
further sufficiently explained that since he was popular as a singer 
with his Muslim name, as such without changing his name, he 
accepted Sikhism and followed all rites and traditions of Sikh 
Religion. It is not essential for anyone to change one's name 
after embracing a different faith. However, such change in name 
can be a corroborating fact regarding conversion or reconversion 
into a religion/faith in appropriate cases. Also it is not necessary 
in law that entire family of a person should convert or reconvert 
to the religion to which he has converted. [Paras 22 and 23] [389-
G-H; 390-A-D] 
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4. The appellant. stated that he not only followed Sikh 
traditions, he never offered Namaz, nor observed Roza nor went 
to Haj. Even the Election Petitioner did not raise any objection 
at the time when nomination papers were filed by the appellant. 
Statement of the appellant as RW-5 regarding conversion to 
Sikhism, is fully corroborated by the evidence of RW-11, RW-6, 
RW-9 and RW-14. Election Petition is, therefore, liable to be 
dismissed.[Paras 23, 24 and 26) (390-B-Gj 
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SUPREME COURT REPORTS 
[2016] 4 S.C.R. 
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Guntur Medical College v. Y Mohan Rao (1976) 3 SCC 
411: 1976 (3) SCR 1046 - followed. 
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c 
S. Anbalagan v. B. Devarajan (1984) 2 SCC 112:1

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