R. PALANIMUTHU versus RETURNING OFFICER

Citation: [1984] 3 S.C.R. 10 · Decided: 23-02-1984 · Supreme Court of India · Bench: S. MURTAZA FAZAL ALI · Disposal: Appeal(s) allowed

Judgment (excerpt)

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R. PALANIMUtf{U 
v. 
RETURNING OFFICER 
February 23, 1984 
Section JOO (l) (c)-ReserVed constituency-Canflidate giving false certifica1e · 
as belonging to scheduled tribe-Election held void. 
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In his election petition the appellant: contended that th~ second respondent 
who in fict belonged to the Hindu Reddy community contested the election from 
the reserv.cd constituency falsely claiming that he belonged to the Scheduled 
Tribe Konda Reddy community and that by virtue of section JOO(!) (c) of the 
Representation of the People Act, 1951 the election was void. · It was also 
contended that at the t:me .of .the sc"rutiny of the nominaHon papers the 
appellant had raised this objection but that the Returning Officer, without· 
holding a proper enquiry, rejected the objection relying upon a Certificate of the 
Tebsild>r that the second respondent belonged to the Scheduled Tribe Konda 
Reddy community. The high Court rejected the election petition and upheld 
the election. 
-Allowing the app.eal (by the Court) 
HELD : There is no dispute that the Konda Reddy community is a 
Scheduled Tribe community. On the evidence available on record it is 
impossible for any Court to reasonably conclude that the second respondent 
belonged to the Konda Reddy Scheduled Tribe community. In fact, he 
belonged to the Hindu Reddiar community, which is. not a Scheduled Tribe 
co.Jmun1ty. ·Therefore, his election from the reserved c9nstituency was void 
under section 100 (1) (c) of the Act. [19D-G) 
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per Varadarajan, J. Other Judges expressing no opinion. 
With the laudable object of promoting the educational, economic and social 
advancement of the Backward Classes and Scheduled Castes and Scheduled 
Tribes the Government had been awarding scholarships, hostel accommodation 
and other facilities, making reservation of seats in Professional Colfeges and 
institutions of higher learning and for oppointments -to Government and quasi .. 
Oovefnment jobs. But not infrequently, fafse certificates are 
obt~ined by 
others to obtain these benefits thus depriving the persons for whose advantage 
these benefits are created. The false· Claim in this case which es_caped the 
scrulinY of even the High cOurt had to be negatived only after considerable 
effort and expenditure on the part of those who wish to lay bare the facts. The 
same kind of scrutiny and contest could not be expetced from students and 
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It. 1.>Ai.ANiMttntu v. RE:t'URNING OFPICER,(Varat4-rqian, J.) 
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candidates belongl.ng to Backward Classes, .Scheduled Cestes and Scheduled 
Tribes -when these benefits are sought on false certificates. So long as the 
benefits are continued fol- these classes, the Government 
mach~~ry must. 
- exerci~ strict scrl?tiny. The Governme.ut must 'Stop any fraud which may be 
committed on it as well as these classes of.people by taking appropriate steps 
in regard to grant of certificates, while at ltie same time eosuri~g that ~rsons 
belonging to these ,1asm obtain the requisite certificates without difficulty 
from the authorities empowered to issue the same. [19H·20AJ 
CIVIL APPELLATll JURISDICTION : Civil Appeal No. 4027 of 
1982. 
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From the Judgment and Order dated the 27th September, 1982 
of the High· Court of Judicature at Madras in Election Petition No. 
· 4 of 1980. 
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P. Chld~mbaram, Parmeswaran, P. Manoharam and A.S. 
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Nambiar for the Appellant. 
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, A. V. Rangam· an(t Ms; Sar/a Chandra for respondent No. L 
' S.N. Kacker, M.G. Ramachandran and K. Kam.madasam for the 
.respondents. 
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The Judgment of the Co'urt was delivered by 
VARADARAJAN, J. This appeal by special leave is directed 
against th.e judgment of a learned Single Judge of Madras High Court 
dismissing Election Petition No .. 4 of 1980 with costs· quantified at 
Rs. 1000. The. Election Petition was filed for declaring the election 
of the second respondent V. Arangarajan alias V. Rangarajan alias 
Perumal to the.'.I'amil Nadu Legislative Assembly from No. 157, , 
Uppiliapuram Scheduled Tribes reserved Assembly Constituency in 
Thuraiyur taluk, Tiruchirapali district, in the election held on 
. 28.S.1980 as void and further . declaring 
that ttie appellant 
R. Palanimuthn has been dnly elected from thai constituency. After 
hearing the learned counsel for the parties we allowed the appeal on 
17.12.1983 totbe_extent of setting aside the election of ihe second · 
respondent for reasons to follow and d

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