vil Appeal No 539 of 1958
Appeal by special leave from the judgment and order dated March 13 1958 of the Andhra Pradesh High Court in Special Appeal No 4 of 1957 arising out of the judgment and order dated November 18 1957 428 of the Election Tribunal Hyderabad in Election Petition No 83 of 1957
N C Chatterjee A N Sinha and T Satyanarayana for the appellant
P Banta Reddy and R Mahalingaiyer for respondent No 1
section section Shukla for respondent No 2 1959
May 20
The judgment of B P Sinha Jafar Imam P B Ganjendragadkar and KN Wanchoo JJ was delivered by P B Gajendragadkar J J L Kapur J delivered a separate judgment
GAJENDRAGADKARJ
This appeal by special leave arises from an election petition filed by Mr V V Giri hereinafter called the appellant in which the validity of the election of Mr Dippala Suri Dora hereinafter called respondent 1 was challenged
The Parliamentary Constituency of Parvatipuram in the State of Andhra Pradesh is a double member constituency one seat is reserved for the scheduled tribes and the other is general
In the General Election to the House of the people held in 1957 four candidates had been nominated from the said constituency
The appellant and Mr B Satyanarayana Dora hereinafter called respondent 2 were adopted by the Congress Party while respondent 1 and Mr V Krishnamoorthy Naidu hereinafter called respondent 3 were the candidates of the Socialist Party
For this constituency polling took place between February 25 and March 19 1957 and the counting of votes disclosed that the appellant and the three respondents had secured 124039 124604 126792 and 118968 votes respectively
The result of the election was declared on March 19 1957
It was announced that respondent 2 had been elected to fill the reserved seat and respondent 1 the general seat
On April 16 1957 the appellant filed the present election petition No 83 of 1957 challenging the validity of respondent 1 s election
He alleged that respondent I had offered himself as a candidate for the reserved seat and as such he was not entitled to be elected for the general seat
In the alternative he urged that 429 respondent 1 was not a member of the scheduled tribe  at the material time and so the declaration made by him in that behalf was false
According to the appellant respondent 1 s nomination had therefore been L improperly accepted and it had materially affected the election
That is why the appellant claimed a twofold declaration
He wanted the tribunal to declare that the election of respondent I under the Representation of the People Act 1951 Act 43 of 1951 hereinafter called the Act was void and that he had himself been duly elected to the House of the People from the Parvatipuram Parliamentary Constituency for the general and non reserved seat
These allegations were denied by respondent 1
Broadly stated the main part of the appellant s case rested on two grounds
He relied on the fact that both the Congress and Socialist Parties had adopted two candidates each one for the reserved seat and the other for the general seat
Respondent I had been adopted for the reserved seat and in the nomination forms filed on his behalf he had made the requisite declaration that he was a member of the scheduled tribe
 He conducted his election campaign on the basis that he was a candidate for the reserved seat and the voters must have voted for him on the same basis
If it is found that his rival candidate for the said reserved seat respondent 2 secured a larger number of votes and so he was declared elected to fill the said seat it is not open to respondent to claim election for the general seat
If a candidate offers himself for one seat how can he claim to be elected for the other asks the appellant
The appellant concedes that the reservation of seats for the scheduled castes or tribes is a special concession shown to the members of the said castes and tribes in view of the fact that they are educationally socially and financially very backward it is also conceded that members of the scheduled castes or tribes are entitled to contest election for the general seat but the argument is that a member of a scheduled tribe must make up his mind and decide which seat he wishes to contest
If he wants to contest the general seat he 430 may do so and in that event he should not make the prescribed declarations on his nomination form on the other hand if he wants to contest the reserved seat he should elect to do so make the necessary declaration and then concentrate his attention on the reserved seat
Having once made his election he cannot subsequently fall back upon his right to be elected for the general seat
Thus presented the argument no doubt appears to be plausible and even attractive
Respondent 1 however dispute the validity of this contention
His case is that the reservation of seats is intended as an additional and special concession to the scheduled castes or tribes
That however does not affect the right of the members of the said castes or tribes to claim along with the other citizens of the country the right to be elected to the general seat
In other words according to respondent 1 a member of the scheduled tribe is entitled to claim election either to the reserved seat or to the general seat in a double member constituency where one seat is reserved for the scheduled tribes or castes
When a member of the scheduled tribe makes a declaration about his status on his nomination form it merely means that he claims the additional benefit of being eligible for election to the reserved seat
If in the fight for the reserved seat his rival candidate defeats him that cannot detract from or affect his right to claim election to the general seat and if the voters in the constituencies have expressed their confidence in him by putting him at the top amongst the remaining candidates he is entitled to claim election to the said general seat
The object of reserving seats obviously is to create confidence in the minds of the backward castes and tribes and to give them an assurance about their welfare and future in the political set up of the country
This object necessarily implies that the members of the said castes and tribes should have a double opportunity of seeking election from a double member constituency
Respondent 1 does not concede that he contested the election solely for the reserved seat
It is admitted on his behalf that he did make the necessary declaration and he may have brought it to the notice of the voters 431 that he was a member of the scheduled tribe
That was inevitable since he was claiming to be elected for the reserved seat
It is however urged that if in law election took place for the constituency as a whole and not for separate seats the fact that his nomination paper referred to  the reserved constituency  and some of his statements during the course of his  election campaign mentioned the fact that he was t member of the scheduled tribe would not prejudicially affect his right to claim election for the general seat
Incidentally respondent I claimed that the declaration of his election to the general seat in fully consistent with the express provisions of section 544 of the Act whereas the appellant pleaded in reply that the construction sought to be placed upon the provisions of section 544 by respondent I was unreasonable and if not the said provision was ultra vires
On the three major points which thus arose for decision in the present election petition the Election Tribunal at Hyderabad and the High Court of Andhra Pradesh have differed
The Tribunal upheld the appellant s contentions made the two declarations claimed by him and allowed his election petition with costs
On appeal to the High Court the points made by respondent I have been accepted the findings made by the tribunal and the declarations granted by it have been reversed and the appellant s election peti tion dismissed with costs throughout
The appellant s application for a certificate was dismissed by the High Court
Thereupon he applied to this Court and obtained special leave to appeal
That is how this appeal has come before us
What then is the true constitutional and legal position with regard to the election to the House of the People from a double member constituency where one seat is reserved for the members of the scheduled tribes or castes The answer to this question would depend upon the effect of the relevant provisions of the Constitution and the Act respectively
Let us first examine the relevant articles of the constitution
Article 325 provides that there shall be one general electoral roll for every territorial constituency for 432 election to either House of Parliament and that no person shall be ineligible for inclusion in any such roll or claim to be included in any such electoral roll for any such constituency on grounds only of religion race caste sex or any of them
Article 326 which deals inter alia with the elections to the House of the People lays down that the said elections shall be on the basis of adult suffrage that is to say every person who is a citizen of India and who is not less than 21 years of age at the relevant date and is not otherwise disqualified under the Constitution or any law made by the appropriate Legislature on the grounds specified shall be entitled to be registered as a voter at any such election
It is thus clear that the electoral roll is prepared on a purely secular basis without any reference to religion race caste or sex and that the qualification for being included as a voter on the said electoral roll is likewise wholly secular and of general application to all citizens in the country
Let us then refer to the articles that deal with the composition of the House of the People and qualification for membership of Parliament
Article 81 1 provides that subject to the provisions of article 331 the House of the People shall consist inter alia of not more than 500 members chosen by direct election from territorial constituencies in the States
This article contemplates the division of the States into territorial constituencies and it provides for the election of 500 members from these constituencies to the House of the People
Article 84 deals with the question of qualification and it provides that a person shall not be qualified to be chosen to fill a seat in the Parliament unless he is a a citizen of India b in the case of a seat in the House of the People not less than 25 years of age and c possesses such other qualifications as may be prescribed in that behalf by or under any law made by Parliament
It is by virtue of article 84c that the Parliament has passed the two relevant statutes
They are the Re presentation of the People Act 1950 Act 43 of 1950 and the Act
We will presently refer to the relevant provisions of the Act
Meanwhile we would like to 433 refer to another article of the Constitution which is very important
It is article 330
It occurs in Pt
XVI of the Constitution which deals with special provisions relating to certain classes
It provides for the reservation of seats for scheduled castes and scheduled tribes in the House of the People
Article 331 lays down that seats shall be reserved in the House of the People for the three categories enumerated in a b and c
In the present case we are concerned with the second category which deals with the scheduled tribes
Article 3302 provides inter alia that the number of seats reserved in any State for the scheduled tribes under sub Art1 shall bear as nearly as may be the same proportion to the total number of seats allotted to that State in the House of the People as the population of the scheduled tribes in the State or part of the State as the case may be in respect of which seats are so reserved bears to the population of the State
In providing for the members of the scheduled tribes the special concession by way of reservation of seats the Constitution has adopted the fair just and equitable method of fixing the number of the said reserved seats on the basis of the proportion mentioned in article 3302
Whilst we are referring to this article we may incidentally mention article 334 which provides that the reservation of seats provided by article 330 shall cease to have effect on the expiration of a period of ten years from the commencement of the Constitution subject to the proviso
Thus it is clear that election to the House of the People even from a double member constituency where one seat is reserved for the members of the scheduled tribes in one and though the Constitution shows just anxiety to afford necessary protection to the members of the scheduled tribes it deliberately refused to adopt the system of separate electorates
The constituency is one and election is held to the said constituency from one joint electoral roll prepared on the basis of qualifications which are of general and uniform application
In regard to double member constituencies like Parvatipuram the Constitution has not even adopted the course of providing for a special constituency 55 434 confined to the members of the scheduled tribe
All that is done is to provide for the reservation of seats for the members of the said tribes or castes in the manner already indicated
Even for the reserved seat all voters in the constituency are entitled to vote
The reservation of a seat in a double member constituency cannot therefore affect the main basic position that the constituency is one and for returning representatives to the House of the People it is the same joint electorate that goes to the poll
Let us now proceed to consider the position under the relevant provisions of the Act
It is necessary to begin with the definitions of parliamentary constituency and election
Section 2f of the Representation of the People Act 43 of 1950 defines a  parliamentary constituency  as meaning a constituency provided by law for the purpose of elections to the House of the People whereas section 2d of the Act defines election  to mean an election to fill a seat or seats inter alia in House of Parliament
These definitions show that it is a parliamentary constituency that sends the representatives to fill the seats in the House of the People
Elections are held from such constituencies and candidates declared duly elected fill the seats in the House of Parliament to which they are elected
Section 4 prescribes qualification for membership of the House of the People
Section 4b provides that a person shall not be qualified to be chosen to fill a seat in the House of the People unless in the case of a seat reserved for the scheduled tribes he is a member of any of the scheduled tribes and is an elector for any parliamentary constituency
This section expressly provides what was clearly implicit in the relevant articles of the Constitution that before a person can claim to be elected to fill a seat reserved for the scheduled tribes he must be a member of the said tribes besides being an elector for the parliamentary constituency in question
Section 32 deals with the nomination of candidates for election and it provides that any person may be nominated as a candidate for election to fill a seat if he is qualified to be chosen to fill a seat under the provisions of the Constitution and the Act
The next section 435 to consider is section 33
It deals with the presentation of nomination papers and prescribes the requirements for a valid nomination
Section 332 is relevant for our purpose
It provides that any constituency where any seat is reserved a candidate shall not be deemed to be qualified to be chosen to fill that seat unless his nomination paper contains a declaration by him specifying the particular tribe of which he is a member and the area in relation to which the tribe is a scheduled tribe of the State
Section 336 lays down that nothing in this section shall prevent any candidate from being nominated by more than one nomination paper for election in the same constituency
The effect of section 332 is that unless a member of the scheduled tribe makes the required declaration he would not be entitled to claim election to the reserved seat
In other words if a member of the scheduled tribe does not want to be considered for election to the reserved seat be need not make the said declaration and in that case be would be entitled to contest the election only for the general seat
But it does not follow that if a scheduled tribe candidate makes the said declaration he forfeits his right to contest for the general seat
It is necessary to point out at this stage that the prescribed nomination paper Form 24 is common to all the candidates
In regard to the candidates contesting for the reserved seat however the form prescribes the declaration which they are required to make
In the matter of deposits required by section 34 another concession is made in favour of the members of the scheduled castes or tribes whereas in the case of an election from a parliamentary constituency a candidate is required to make a deposit of Rs 500 the amount is fixed at Rs 250 in the case of members of scheduled castes or tribes
It is significant that this concession is not confined to members of the scheduled tribe contesting the election only for the reserved seat
It is available to them even if they want to contest only for the general seat
Section 35 requires a notice of nominations and a time and place for their scrutiny to be published and section 38 requires a list of contesting candidates to be published The two prescribed forms for 436 the said notices are Forms 3A and 4 _they make no reference to the two respective seats and give the particulars about all the candidates in the respective columns
It is true that in col
6 of Form 3A particulars of caste or tribe of candidates belonging to scheduled castes or tribes are required to be mentioned
That is consistent with the requirement of section 332
It would thus be seen that the scheme of the relevant provisions of the Act like the scheme of the relevant articles of the Constitution is clear
The election to the House of the People from a double member constituency is held as an election from the whole of the constituency as such
It is on that basis that the nomination papers are required to be filed
The notifications about the nominations are published and the list of the validly nominated candidates is announced on the same basis
The counting of votes is similarly made by reference to all the candidates
It is only when the result of the election is prepared for declaration that the votes of candidates who have made the prescribed declarations are first taken into account and the result of the election in respect of the reserved seat is first determined and then the votes secured by the remaining candidates are taken into account and the result of the election for the other general seat is determined and declared
Section 63 of the Act would also assist us in deciding the point in dispute between the parties
Section 63 1 provides for the method of voting and it lays down that in plural member constituencies other than Council constituencies every elector shall have as many votes as there are members to be elected but no member shall give more than one vote to any one candidate
It is not disputed that voters in a double member constituency are not bound to vote in reference to the two seats
If the Act had intended that the election in such a constituency should take place by reference to the two respective seats it would have provided for voting by the electors on that basis and would have required the voters to cast their two votes respectively by reference to the two seats
Section 631 on the other hand allows voters to cast their two 437 votes to any two candidates of their choice whether both of them claim to be elected to the general seat or to the reserved seat or one of them claims one seat and other claims the other
This method of voting is inconsistent with the appellant s case that the election to the double member constituency is held seat wise
Section 544 emphatically brings out the same position
Section 54 1 provides that it shall apply in relation to any election in a constituency where the seats to be filled include one or more seats reserved for the scheduled castes or scheduled tribes
Subsection 4 reads thus  If the number of contesting candidates qualified to be chosen to fill the reserved seats exceeds the number of such seats and the total number of contesting candidates also exceeds the total number of seats to be filled a poll shall be taken  and after the poll has been taken the returning officer shall first declare those who being qualified to be chosen to fill the reserved seats have secured the largest number of votes to be duly elected to fill the reserved seats and then declare such of the remaining candidates as have secured the largest number of votes to be duly elected to fill the remaining seats
 On a fair and a reasonable construction of this provision there can be no doubt that in a case like the present after respondent 2 was declared duly elected to the reserved seat the votes secured by the remaining three candidates had to be considered before declaring the election for the unreserved seat and that is precisely what the returning officer has done when he declared that respondent I had been duly elected to the said seat
The illustration to this sub section makes this position absolutely clear
This is how the illustration reads  At an election in a constituency to fill four seats of which two are reserved there are six contesting candidates A B C D E and F and they secure votes in descending order A securing the largest number B C and D are qualified to be chosen to fill the reserved seats while A E and F 438 are not so qualified
The returning officer will first declare B and C duly elected to fill the two reserved seats and then declare A and D not A and E to fill the remaining two seats
 In our opinion section 544 and the illustration are wholly consistent with the relevant provisions of the Constitution and of the Act
Whilst we are dealing with section 54 we may incidentally refer to the appellant s argument based on section 62 c of the 81 of 1952 which provides that in every two member constituency one seat shall be reserved either for the scheduled castes or for the scheduled tribes and the other seat shall not be so reserved
It is urged that in view of this provision the case contemplated by the illustration to section 54 4 is not likely to occur any more and in that sense the illustration has become otiose
That may be true
But even so the significance of the illustration lies in the fact that it clarifies and explains concretely how the reservation of seats for the depressed castes and tribes will actually work out in elections in the relevant constituencies
There is another argument which nay be noticed
It was faintly suggested by the appellant that section 544 is ultra vires since it is inconsistent with articles 14 and 330 of the Constitution
One has merely to recall the provisions of article 15 3 and 4 to reject the argument that section 544 offends against article 14
As regards Art 330 it is obvious that the reservation of seats as therein specified is intended to guarantee a minimum number of seats to the scheduled castes and tribes therefore if members of the said castes and tribes secure additional seats by election to general unreserved seats there would be no repugnancy at all
There is no substance in the contention that section 54 4 is ultra vires
There is one more section of the Act to which reference must be made
It is section 55
For the avoidance of doubt this section declares that a member of the scheduled castes or scheduled tribes shall not be disqualified to hold the seat not reserved for members of those castes or tribes if he is otherwise qualified to 439 hold such seat under the Constitution and the Act
If the appellant s contention is upheld then the provisions of section 55 would be inapplicable to a member of the scheduled tribe solely because he has made the
prescribed declaration in his nomination form in order to claim the benefit of the concession of the reserved seat in his constituency
We see no justification for adopting such an artificial and restricted construction of section 55
In our opinion section 55 like section 544 is consistent with the other relevant provisions of the Constitution and the Act
A member of the scheduled tribe is entitled to contest for the reserved seat and for that purpose he can and must make the prescribed declaration but it does not follow that because he claims the benefit of the reserved seat and conforms to the statu tory requirement in that behalf he is precluded from contesting the election if necessary for the general seat
Once it is realised that the election is from the constituency as a whole and not by reference to two separate and distinct Beats there would be no difficulty in accepting the view taken by the returning officer when he declared respondent I to have been duly elected for the general seat
It is true that some articles of the Constitution and some sections of the Act refer to seats in connection with election to the House of the People
For instance when article 81 2 b provides for the same ratio throughout the State between the population of each constituency and the number of seats allotted to it it does refer to seats but in the context the use of the word  seats  was inevitable
Similarly article 84 which lays down the qualification for the members of Parliament begins by saying that a person shall not be qualified to be chosen  to fill a seat  in Parliament unless he satisfies the tests prescribed by its cls
a b and c
Here again the expression  to fill a seat  had to be used in the context
The same comment can be made about the use of the word  seat  in articles 101 2 and in 330
There is no doubt that when a candidate is duly elected from any constituency to the House of the People he fills a seat in the House as an elected representative of the said constituency 440 and so the expression  filling the seat  is naturally used whenever the context so requires
The position in regard to the sections of the Act which use the word  seat  or the expression fill the seat is exactly similar
Section 32 of the Act says that any person may be nominated as a candidate for election to fill a seat if he is qualified in that behalf
This section does not mean that the nomination of a person as a candidate for election is for a seat such nomination is for the constituency
After the election is over the elected candidate is qualified to fill a seat in the House of the People to which he is elected
It is in that sense that the expression  a candidate for election to fill a seat is used in this section
The use of the same expression in sections 332 532 54 and 55 bears the same interpretation
The use of the said expression or the reference to seat in some of the articles of the Constitution or the sections of the Act does not therefore mean that election to the House of the People from a double member constituency is held not for the constituency as a whole but by reference to the two seats
There is
no doubt that in the case of double member constituencies recognised political parties usually adopt two candidates one for the general seat and the other for the reserved seat and it does appear that under the relevant statutory order issued by the Election Commission the symbol reserved for the party is allotted to both such candidates with the only difference that the symbol allotted to the scheduled caste or the scheduled tribe candidate of the party is the particular symbol enclosed within a thick black circle
This order has been issued for convenience in order to enable the very large number of illiterate and uneducated voters to identify the political affiliations of the candidates for election and to show which of the candidates are eligible for the reserved seat but the said order cannot affect the nature of the election nor does it purport to do so
Similarly a candidate who has made the prescribed declaration under section 33 may withdraw his candidature under section 37 which would mean that he is no longer contesting any seat in the 441 constituency but that again cannot justify the inference that his candidature was in regard to a reserved seat for which election was separately intended to be held
In fact in regard to a double member constituency election recognises no compartments at all it is one general election with reservation of seats that is all
It was then contended by the appellant that even if it may be open to a member of the scheduled tribe to seek election either for the reserved seat or failing that for the general seat he ought to file two
nomination papers in that behalf
In our opinion this contention is not wellfounded
It is conceded that there is no provision for the presentation of two nomination papers for two different seats in the same constituency
Indeed such an assumption would be inconsistent with the basic character of the election from a double member constituency
In our opinion the true posi tion is that a member of a scheduled caste or tribe does not forego his right to seek election to the general seat merely because he avails himself of the additional concession of the reserved seat by making the prescribed declaration for that purpose
The claim of eligibility for the reserved seat does not exclude the claim for the general seat it is an additional claim and both the claims have to be decided on the basis that there is one election from the double member constituency
In this connection we may refer by way of analogy to the provisions made in some educational institutions and universities whereby in addition to the prizes and scholarships awarded on general competition amongst all the candidates some prizes and scholarships are reserved for candidates belonging to backward communities
In such cases though the backward candidates may try for the reserved prizes and scholarships they are not precluded from claiming the general prizes and scholarships by competition with the rest of the candidates
We are therefore satisfied that the High Court was right in rejecting the appellant s contention that respondent 1 could not have been validly elected 56 442 for the general seat from the constituency of Parvatipuram
That takes us to the alternative contention raised by the appellant against the validity of respondent 1 s election
That contention is that respondent I had ceased to be a member of the scheduled tribe at the material time because he had become a kshatriya
In dealing with this contention it would be essential to bear in mind the broad and recognized features of the hierarchical social structure prevailing amongst the Hindus
It is not necessary for our present purpose to trace the origin and growth of the caste system
amongst the Hindus
it would be enough to state that whatever may have been the origin of Hindu castes and tribes in ancient times gradually castes came to be based on birth alone
It is wellknown that a person who belongs by birth to a depressed caste or tribe would find it very difficult if not impossible to attain the status of a higher caste amongst the Hindus by virtue of his volition education culture and status
The history of social reform for the last century and more has shown how difficult it is to break or even to relax the rigour of the inflexible and exclusive character of the caste system
It is to be hoped that this position will change and in course of time the cherished ideal of casteless society truly based on social equality will be attained under the powerful impact of the doctrine of social justice and equality proclaimed by the Constitution and sought to be implemented by the relevant statutes and as a result of the spread of secular education and the growth of a rational outlook and of proper sense of social values but at present it would be unrealistic and utopian to ignore the difficulties which a member of the depressed tribe or caste has to face in claiming a higher status amongst his coreligionists
It is in the light of this background that the alternative plea of the appellant must be considered
The evidence adduced by respondent I shows that all the documents from 1885 to 1928 consistently described him as a Mukka Dora or a member of the scheduled tribe
The appellant has however produced documentary evidence which indicates that from 1928 443 onwards respondent 1 has described himself and the members of his family as belonging to the kshatriya caste
Oral evidence led by the appellant is intended to show that respondent 1 has for some years past adopted the customs and the rituals of the kshatriya caste
It shows that marriages in the family of respondent I are celebrated as they would be amongst the kshatriyas and homa is performed on such occasions
It is also attempted to be shown that the family of respondent is connected by marriage ties with some kshatriya families that a Brahmin priest officiates at the religious ceremonies performed by respondent 1 and that he wears a sacred thread
The High Court has held that even if the documentary and oral evidence adduced by the appellant is accepted at its face value it falls far short of establishing his plea that respondent had become a kshatriya at the material time
The caste status of a person in the context would necessarily have to be determined in the light of the recognition received by him from the members of the caste into which he seeks an entry
There is no evidence on this point at all
Besides the evidence produced by the appellant merely shows some acts by respondent 1 which no doubt were intended to assert a higher status but unilateral acts of this character cannot be easily taken to prove that the claim for the higher status which the said acts purport to make is established
That is the view which the High Court has taken and in our opinion the High Court is absolutely right
Therefore the alternative plea made by the appellant cannot succeed
In the result the appeal fails and is dismissed with costs in favour of respondent 1
KAPUR J
I regret I am unable to agree with the judgment prepared by my learned brother Gajendragadkar and I shall proceed to give my reasons for my dissent
In an election for Parliament the candidate asks for the votes of the electors by offering himself for a seat in a parliamentary constituency and it is a fundamental principle of elections that the
voters exercise their suffrage in favour of a candidate who is standing 444 for a particular seat in a single or in a two member constituency
The language used in the Constitution as well as in the Election Laws tends to show that the election though in a constituency is for the filling of a seat and it is for the filling of that seat that the voters in a constituency exercise their right to vote
The Constitution itself shows that the election is for filling a seat in a constituency
The scheme of the Constitution itself when it deals with Parliament and election to Parliament supports this view
Parliament its composition and qualification for membership of Parliament are dealt with in Chapter 11 of Part V of the Constitution
Article 81 deals with the composition of the House of the People
Sub cl
a of cl
1 of article 81 lays down that there shall be not more than 500 Members chosen by direct election from territorial constituencies and not more than 20 Members to represent Union territories
Clause 2 of article 81 provides that to each State shall be allotted a certain number of seats in the House of the People in such manner that the ratio between the number and population of the State is the same for all States and sub cl
b provides that the State shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it is the same throughout the State
Article 84 provides for the qualifications of persons to be chosen to fill a seat in Parliament and in el
c it is laid down that the qualifications shall be such as may be prescribed by an Act of Parliament
Part XV deals with Elections
Under article 324 there is one general electoral roll for every territorial constituency and there is no exclusion from such roll on the ground only of religion race caste creed sex or any of them
Article 327 confers on Parliament the power to make provision with respect to elections to Legislatures
Part XVI of the Constitution make special provision relating to certain classes and under article 330 seats are reserved in the House of the People for Scheduled Castes and Scheduled Tribes and it also provides for the proportion that these seats shall bear to the 445 total number of seats allotted to any State and the reservation of seats and special representation are to cease after 10 years article 334
These provisions show that the emphasis is on seats
The number seats is fixed so also reserved seats and election is to fill a seat and for that purpose qualifications of candidates are prescribed by Parliamentary legislation
A perusal of those various articles mentioned above shows that there is no separate electoral roll and that the elections are on the basis of joint electorate
Although there is reservation of seats for the Scheduled castes there is no exclusion of Scheduled Castes or Scheduled Tribes from what are called general seats and every citizen without any consideration of caste creed or sex is entitled to vote as well as stand for election provided he is otherwise qualified
The reservation of seats was a concession given to the Scheduled Castes and Tribes because of their social and educational backwardness and it had to have only a temporary existence and it must be conceded that although there is a reservation of a certain number of seats for the Scheduled Castes and Tribes the members of these castes or tribes are not excluded from contesting general seats
In order to carry out the intention of the Constitution in regard to elections two Acts were enacted by the Parliament
The Representation of People s Act 1950 43 of 1950 hereinafter called the 1950 Act and the Representation of People s Act 1951 43 of 1951 hereinafter called the 1951 Act
The object of the 1950 Act was to provide for allocation of seats and delimitation of constituencies for election and the object of the 1951 Act was to provide for the conduct of elections to the Houses of Parliament etc
and the qualifications and disqualifications for membership
In section 2f of the 1950 Act a Parliamentary constituency is defined as a constituency provided for the purpose of election to the House of the People
In Part II of that Act provision is made for the allocation of seats in the House of the People and for reservation of seats in that House for Scheduled Castes and Tribes for filling up of seats in that House and all these provisions 446 show that the seats in the House of the People allotted to the various States have to be filled by direct elections
It is significant that in all these provisions the word used is seat  and the election is to fill a seat
Coming to the 1951 Act election is defined in section 2d to mean an election to fill a seat or seats in either House of Parliament  
In section 2e an elector means the person whose name is entered in the electoral roll of a constituency
Section 4 of the 1951 Act lays down the qualifications for membership of the House of the People and a person is not qualified to be chosen to fill a reserved seat in the House unless he is a member of a Scheduled Caste or Tribe and he is an elector for any Parliamentary constituency
In the case of any other seat the only qualification required is that he is an elector in a Parliamentary constituency
Part V of 1951 Act deals with nomination of candidates
Section 31 provides for public notice of elections and section 32 for nomination of candidates for election
Under this section no person may be nominated as a candidate for election to fill a seat unless he is qualified to fill that seat
Section 33 deals with presentation of nomination papers and the requirements for a valid nomination
Under sub section
1 a nomination paper completed in the prescribed form and signed as required under that provision has to be presented to the Returning Officer and under sub section
2 where in a constituency any seat is reserved the candidate is not qualified to be chosen to fill that seat unless his nomination papers contain a declaration by him specifying the caste or tribe to which he belongs and sub section
6 provides that a candidate can file more than one nomination paper for election in the same constituency
Under section 34 for a valid nomination for election a deposit has to be made which in the case of members of Scheduled Castes or Tribes is Rs 250 and in other cases Rs 500
The contention raised on behalf of the appellant was that these various provisions of the 1951 Act show that the election is for filling a seat and therefore when a member of the Scheduled Caste or Tribe contests an election he has to make a choice as to which seat he is 447 contesting
There is no prohibition against his standing for election for the general constituency but if he wants to do so he has to indicate to the electors that he is so standing because when the electors vote they vote for the election of the candidate to that particular seat and to no other
This is made further clear by the fact that only one vote out of the two which every elector has the right to cast can be polled in favour of one candidate
Every candidate has to have a symbol the necessity for which arises because of the illiteracy of the general electorate
Each party has allotted to it a symbol
In the present case the successful candidate Mr Dippala Suri Dora was standing for the reserved seat on behalf of the Socialist Party and had been allotted the symbol of a tree which was his party symbol
In the case of a reserved seat the distinguishing feature is the black circle round the symbol so that the electors would know where to cast their vote in the case of a Scheduled Caste or Tribe candidate
It is true that the Form 2A is the same whether the candidate is contesting a reserved seat or a general seat but in the case of a person contesting a reserved seat there is a further declaration to be made that he belongs to Scheduled Caste or Tribe
It is also true that in Form 3A when notice of nomination is given the Form used is the same for both the seats but in column 6 of this Form the particulars of the caste or tribe are to be given presumably to show which of the candidates belongs to a Scheduled Caste or Tribe otherwise indicating the caste is meaningless
Similarly in Form 7A which is for the final list of contesting candidates after withdrawals have taken place the names of candidates are given along with their addresses and symbols allotted to them but candidates belonging to members of the Scheduled Castes or Tribes are distinguished by separate special marks against their names
All these distinguishing features have been provided so that electors when they cast votes for the various candidates know which of them is contesting the reserved seat and which is contesting the general seat
If that is not the object the giving of the caste would be meaningless if not against the ideal of castelessness 448 it was contended that section 32 only deals with nominations for election to fill a seat but it has nothing to do with qualifications which are laid down in section 33 and that sub sections
2 and 6 of section 33 showed that the election was for a constituency and not for a seat but this argument ignores the definition of election which means election to fill a seat and therefore where the word election  in a constituency is used it is to be construed as election to fill a seat in a constituency
Besides sub section 2 of section 33 makes it clear that a candidate cannot be qualified to be chosen to fill a reserved seat in a constituency unless he makes a particular declaration
The emphasis is again on a seat
It is true that a candidate has to make a deposit for due nomination for election from a constituency but here again the word election  must be read as election to fill a seat from a constituency
These various sections indicate therefore and particularly the definition of the word election in section 2d of the 1951 Act that when a candidate offers himself for election in a constituency he does so to fill a particular seat in a constituency
At a pole every elector can cast one vote in favour of one candidate and another in favour of another
It was contended that it was open to an elector to cast both his votes in favour of the two candidates standing for a general seat or the two candidates for the reserved seat or one for the general seat and the other for reserved seat and that there was no law which enjoins an elector to cast one vote for the general seat and the other for the reserved seat
But this will lead us nowhere because if there are only four candidates as they were in the present case two belonging to Scheduled Castes or Tribes and two non Scheduled Caste candidates then the voter who casts both his votes one for one Scheduled Caste and the other for the other or one for the non Scheduled Caste and the other for the other non Scheduled Caste candidate would be wasting his votes
One has to presume that the elector when he takes the trouble of going to the polling booth and to vote is not going to waste his votes
449 In the present case the party which set up Mr Dippala Suri Dora set him up as a candidate for the Scheduled Caste constituency which is clear from the application on behalf of the party setting him up
The final list of candidates for Parliament Ext
P3c also shows that Mr Dippala Suri Dora was a candidate for the reserved seat in Parvatipuram double member constituency
The nomination papers filed by him also show that he was being nominated for election from the Parvatipuram reserved parliamentary constituency
Thus as far as Mr Dippala Suri Dora was concerned he had made it quite clear to the electorate that he was seeking their suffrage for filling a reserved seat in the constituency and in this view of the matter as far as he and the electors were concerned the contest was for the reserved seat and not the general seat and the people voted for him for filling the reserved seat and not the general seat
Counsel for the respondent Mr Dippala Suri Dora submitted that the mere fact that respondent filed his nomination papers in a particular manner does not give a different interpretation to the various provisions of the law and if under the law a nomination like that of the respondent Mr Dippala Suri Dora was a nomination for both the seats the mere fact that he had filled his form differently would make no difference
This contention is correct but as I have indicated above the election is to fill a seat in the constituency and the nomination must be taken to fill that seat and no other
Reliance was next placed on sections 53 54 and 55 of the 1951 Act to support the case put forward on behalf of the respondent Mr Dippala Suri Dora
No doubt in sub s4 of section 54 it is laid down that in a case where the number of contesting candidates qualified to be chosen to fill the reserved seat exceeds the number of such seats and the total also exceeds the total number of seats to be filled then after the poll has been taken the qualified candidate receiving the largest number of votes for the reserved seat has to be declared elected and then such of the remaining candidates as have secured the largest number of votes have to be declared 57 450 elected to fill the remaining seats and there is an illust ration added to the section which supports the case of the respondent
But in view of section 8 of the  which makes provisions for readjustments and delimitations it is doubtful if the provisions of section 544 retain their efficacy
Under section 8 cl2 of Delimitation Act it is provided that all constituencies have to be single member constituencies or two member constituencies and wherever practicable seats may be reserved for Scheduled Caste or Tribe in a single member constituency but in every two member constituency one seat has to be reserved for Scheduled Caste or Tribe
This provision destroys the effect of section 54
If in a single member constituency a seat can be reserved which means that only a Scheduled Caste candidate can be elected to that seat the effect of reservation of seat in the double member constituency will also be that when a member of the Scheduled Caste offers himself for election to a reserved seat he can be elected only to that seat and to no other
This is also supported by the definition of electoral rights in section 79 of the 1951 Act which is defined as a right of a person to stand or not to stand as a candidate at an election ie an election to fill a seat in either House of Parliament
The electoral right which a citizen has is to stand for election to fill a seat and a successful candidate is one who is elected by securing the largest number of votes cast for that seat
This necessarily leads to the conclusion that the respondent Mr Dippala Suri Dora who offered himself for election to fill a reserved seat could only be elected to that seat and not to the general seat
The next contention raised on behalf of the appellant was that if a member of the Scheduled Caste or Tribe wants to contest both the seats ie general and reserved he would have to file two nomination papers and pay two deposits
In view of what has been said above and in view of sections 32 and 33 and the definition of the word  election  such candidate has to file two nomination papers one for the general seat and the other for the reserved seat setting out the necessary qualifications which are required under the law 451 Similarly he will have to make two deposits under section 34 for the same reason
A question of some importance has been raised as to whether a member of Scheduled Caste or Scheduled Tribe can by his own act transform himself into different and higher caste
That depends upon the view one takes of the caste system and whether cast is dependent upon birth or it varies as a consequence of Guna Karma and Subhavana that is merit on qualities actions and character
In Hinduism caste had its origin in vocation and was not dependent upon birth
Birth as the sole criterion of caste is a much later development and caste became rigid and hereditary when vocations became hereditary
Caste was nothing but division of labour
There is a high authority to support the view that in Hinduism caste was dependent upon actions and not on birth
In Bhagwat Gita in the fourth Discourse it is stated The four castes were created by me in accordance with their aptitude and actions know me the author of these castes though I am actionless and inexhaustible
 There are Verses in the Mahabharta also which go to support this
One such Verse is given as follows  Truth Charity fortitude good conduct gentleness austerity and compassion he in whom these are observed is a Brahmana
If these marks exist in a Sudra and are not found in a twice born the Sudra is not a Sudra nor the Brahmana a Brahmana Teaching given by Yudhisthira Even in Bhagwata Purana it is stated  One becomes a Brahmana by his deeds and not by his family or birth even a Chandala is a Brahmana if he is of pure character
In the Chandogya Upanisad there is the interesting incident of Satyakama who was raised to the position of a Brahmana because he had spoken the truth
Thus it was his character and not his birth which deter
mined his caste
Amongst the Hindus many have raised themselves to the position of Brahmana by their good qualities and one such instance is of Sage 452 Matanga who was a Chandala
Vishva Mitra was a Kshtriya and became a Brahman
Hinduism might have become static at one stage but its modern history shows that this is not so now and it would not be wrong to say that caste in Hinduism is not dependent upon birth but on actions
The whole theory of karma is destructive of the claim of caste being dependent upon birth
In my opinion Mr Dippala Suri Dora had by his actions raised himself to the position of Kshtriya and he was no longer a member of the Scheduled Caste or Tribe and on that ground also his election cannot be supported
I would therefore allow this appeal set aside the order of the High Court and restore that of the Tribunal
The appellant will be entitled to costs of this Court as well as of the Courts below
ORDER
In view of the majority judgment of the Court the appeal is dismissed with costs in favour of Respondent No 1
Appeal dismissed


Summary:
The respondents entered into three several contracts with the appellant for the fabrication and supply of diverse military stores each of which contracts contained an arbitration clause
Before the contracts had been fully executed disputes arose between the parties one alleging that the other was committing a breach of the contract
The parties then entered into three fresh contracts on successive dates purporting to settle these disputes on the terms therein contained
By the first two of these settlement contracts the respondents agreed to pay to the appellant certain moneys in settlement respectively of the disputes relating to the first two original contracts
By the last of these settlement contracts the respondents agreed to pay to the appellant in specified instalments certain moneys in settlement of the disputes relating to the third original contract as also the moneys which had then become due on the first two settlement contracts and had not been paid and further undertook to hypothecate certain properties to secure the due repayment of these moneys
The third settlement contract provided  The contracts stand finally concluded in terms of the settlement and no party will have any further or other claim against the other The respondents paid some of the instalments but failed to pay the rest
They also failed to create the hypothecation
The appellant then referred its claims for breach of the three original contracts to arbitration under the arbitration clauses contained in them
On this reference an award for a total sum of Rs 1i6446 iI 5 was made against the respondents in respect of the appellant s claim on the first and the third original contracts the claim in respect of the second original contract having been abandoned by the appellant and this award was filed in the High Court at Calcutta
The respondents applied to the High Court for a declaration that the arbitration clauses in the original contracts had ceased to have any effect and the contracts stood finally determined as a result of the settlement contracts and for an order setting aside the award as void and nullity
The High Court held that the first original contract had not been abrogated by the settlement in respect of it but the third original contract and the arbitration clause contained in it had ceased to exist as a result of the last settlement and the arbitrator had no jurisdiction to arbitrate under that arbitration clause
It further 63 494 held that as the award was a single and inseverable award the whole of it was null and void
In this view the High Court set aside the award
Held per Imam and Subba Rao JJ Sarkar J dissenting that the third settlement properly construed left no manner of doubt that it was for valid consideration and represented the common intention of the parties to substitute it for the earlier contracts between them
It gave rise to a new cause of action by obliterating the earlier contracts and the parties could look to it alone for the enforcement of their claims
There could therefore be no question that the arbitration clause which whether a substantive or a collateral term was nevertheless an integral part of the said contracts must be deemed to exist along with them as a result of the said settlement
Hirji Mulji vs Cheong Yue Steamship Company 1926 AC 502 and Heyman vs Darwin Ltd  referred to
Tolaram Nathmull vs Birla Jute Manufacturing Co Ltd ILR  distinguished
Held further that it was well settled that the parties to an original contract could by mutual agreement enter into a new contract In substitution of the old one
Payana Reena Saminathan vs Pana Lana Palaniappa 19I4 AC 618 Norris vs Baron and Company 1918 AC i and British Russian Gazette and Trade Outlook Ltd vs Associated Newspaper Limited  referred to
Per Sarkar J The award was valid and could not be set aside as the third settlement neither expressly put an end to the arbitration clause nor considered as an accord and satisfaction did it have that effect
An accord and satisfaction is only a method of discharge of a contract
It does not annihilate the contract but only makes the obligation arising from it unenforceable
An arbitration clause stands apart from the rest of the contract in which it is contained
It does not impose on the one party an obligation in favour of the other it only embodies an agreement that if any dispute arises with regard to any obligation which one party has undertaken to the other such dispute shall be settled by arbitration
An accord and satisfaction which is concerned with the obligations arising from the contract does not affect an arbitration clause contained in it
Heyman vs Darwins and British Russian Gazette and Trade Outlook Ltd vs Associated Newspapers Ltd  referred to
The settlement of February 22 1949 did not in the circum stances of the case amount to an accord and satisfaction