SH. A. CHINNAPPA versus SH V. VENKATAMUNI AND ORS.

Citation: [1996] 3 S.C.R. 426 · Decided: 14-03-1996 · Supreme Court of India · Bench: K. RAMASWAMY, S.P. BHARUCHA, K.S. PARIPOORNAN · Disposal: Dismissed

Judgment (excerpt)

A 
B 
SH. A. CHINNAPPA 
v. 
SH V. VENKATAMUNI AND ORS. 
MARCH 14, 1996 
[K. RAMASWAMY, S.P. BHARUCHA AND 
K.S. PARIPOORNAN, JJ.] 
Constitution of India, 1950: Alticle 341. 
C 
Scheduled Castes and Scheduled Tribes (Amendment Order) Act, 
1976: 
Scheduled Castes and Scheduled Tribes-Election-Reserved con-
stituency-Appellant contesting election claiming status of Mundalrr-Mun-
dala a recognised scheduled caste notified by President under Alticle 
D 341(1)-Election Petition-Challenge to appellant's election-High Coult 
found that appellant belongs to Mondy-Mondigaru caste which was not 
recognised in Presidential Order and consequently held his election was not 
valid in law-H e/d conclusion of High Coult was right-Since the caste 
Mondy/Mondigaru does not find place in presidential notification the status 
E of appellant as Munda/a cannot be considered as equivalent to Mondy/Mon-
digaru. 
F 
Schedule Castes and Scheduled Tribes-Inclusion and exclusion of any 
caste by Parliament-President has no power to vary the same by subsequent 
notification. 
Nityanand Shanna v. State of Bihar, JT (1996) 2 SC 117, relied on. 
Revenue Officer & Ors. v. Prafulla Kumar Pati & Ors., [1990] 2 SCC 
162, held inapplicable. 
G 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 1261 of 
1987. 
From the Judgment and Order dated 30.4.87 of the Karnataka High 
Court in E.P. 21 of 1985. 
H 
C. Mohan Rao, Madan Lokur for the Appellant. 
426 
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I 
( 
A. CHINNAPPAv. V. VENKATAMUNI 
427 
Ranji Thomas for Ms. C.K. Sucharita for the Respondents. 
The following Order of the Court was delivered : 
The appellant had contested election from 72 Bethamangala As-
sembly Constituency of Karnataka State Legislature as reserved candidate. 
The appellant claimed the status of Mundala which is a recognised 
Scheduled Caste notified by the President of India in exercise of power 
under Article 341 (1) of the Constitution. He contested the said election 
on that basis and stood elected. When an election petition was laid by the 
first respondent, the High Court found that the caste to which the appellant 
belongs is Mondy/Mondigaru. The High Court on the basis of evidence on 
record found that the appellant, in fact, belongs to Mondy/Mondigaru caste 
which was not recognised as a Scheduled Caste in the Presidential notifica-
tion. Therefore, the High Court declared by the impugned order dated 
April 30, 1987 passed in Election Petition No. 21 of 1985 that his election 
to the Assembly constituency allotted to the scheduled Caste was not valid 
in law. Thus this appeal. 
The question before us is: whether the status of the appellant who is 
a Mondy/!Vlondigaru, can be considered as Mundala - a Scheduled Caste 
synonym, for the purpose of election to the Legislative Assembly? Article 
341 reads thus : 
"341. Scheduled Caste. (1) The President may with respect to any 
State or Union Territory, and where it is a State after consultation 
with the Governor thereof, by public notification, specify the cas-
tes, races, or tribes or parts of or groups within castes, races or 
tribes which shall for the purposes of this Constitution be deemed 
to be Scheduled Cast.es in relation to that State or Union Territory, 
as the case may be. 
(2) Parliament may by law include in or exclude from the list 
of Scheduled Castes specified in a notification issued under clause 
(1) 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". 
A reading thereof would clearly indicate that the President may, 
with respect to any State or Union Territory, after consultation with the 
A 
B 
c 
D 
E 
F 
G 
H 
428 
SUPREME COURT REPORTS 
[1996] 3 S.C.R. 
A 
Governor, by public notification, specify the castes, races or tribes or parts 
of or f,'TOUps within castes, races or tribes which shall, for the purposes of 
this Constitution be deemed to be Scheduled Castes in relation to that 
State or Union Territory, as the case may be. Under clause (2) thereof, 
the Parliament has been empowered by law either to include in or exclude 
B from the list of Scheduled Castes specified by the President under clause 
(1) of Article 341, any caste, race or tribe or part of or group within any 
caste, race or tribe. Once the Parliament by law includes in or excludes 
from any race, castei tribe, parts of or groups within any c

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