Case: S. Anbalagan Vs. B. Devarajan &amp; Ors

2, 36, 112 adult men and women voters of Rasipuram Parliamentary Constituency reserved for the Scheduled Castes accepted the candidature of the first respondent, B. Devarajan, for the reserved seat, apparently considered him as a member of the Scheduled Castes, voted for him and elected him to the Lok Sabha, by a convincing majority of nearly sixty thousand votes at the election held in January 1980. And, it was not the first time. He was in fact a sitting member of the Lok Sabha having been elected from the same reserved constituency at the previous general election also. But the verdict of the people was not sufficient for the appellant, S. Anbalagan, who secured 1, 76, 240 votes in the January 1980 poll and lost the election. He wanted the verdict of an Election Tribunal on the question whether the respondent was a Christian and not a member of the Scheduled Castes, as claimed by him. So he filed an election petition questioning the election on that ground. The Election Tribunal on an elaborate consideration of the evidence held that the appellant belonged to the Scheduled Castes and, on that finding, upheld the election. Anbalagan has preferred this appeal.

Reasoning: 14. Now, what are the facts of the present case ? The birth extract of the first respondent, Devarajan shows his parents as Hindu Adi Dravidas. Throughout his educational career, he was treated as a Hindu student belonging to the Scheduled Castes and was awarded scholarships on that basis. The school records relating to his children also show them as Hindu Adi Dravidas. On one occasion in the admission register of a school, he was wrongly shown as Adi Dravida Christian, but it was corrected as Adi Dravida as far back as in 1948. He never attended a church. On the other hand, there is acceptable evidence to show that he was offering worship to Hindu deities in Hindu temples and that his marriage was performed according to Hindu customs and rites. Our attention was however, drawn to the finding of the Tribunal that the sisters of the first respondent professed Christianity as revealed by their service registers. Our attention was further invited to certain evidence indicating that the parents of the first respondent had become Christians and that the first respondent himself had been baptised when he was seven months old. Even assuming that the parents and sisters of the first respondent had become Christians and that the first respondent himself had been baptised when he was seven months old, we see no difficulty in holding on the evidence in the case, that the first respondent had long since reverted to Hinduism and to the Adi Dravida caste. There is not a scrap of acceptable evidence to show that he ever professed Christianity after he came of age. On the other hand, every bit of evidence in the case shows that from his childhood, he was always practising Hinduism and was treated by everyone concerned as an Adi Dravida. There is then the outstanding circumstance that the voters of the Rasipuram Parliamentary Constituency reserved for the Scheduled Castes accepted his candidature for the reserved seat and elected him to the Lok Sabha twice. We have no doubt whatsoever that at all relevant times, he was a Hindu Adi Dravida and professed no religion other than Hinduism. The case was rightly decided by the Election Tribunal