Mohammad Sadique vs Darbara Singh Guru

2. Brief facts of the case are that General Elections were held to Punjab Legislative Assembly, in January, 2012. Last date of filing of nomination papers was 12.01.2012. Date for scrutiny of nomination papers was 16.01.2012. And polling was held on 30.01.2012. The counting of votes was done on 06.03.2012, in which appellant was declared elected.

3. Election Petitioner (respondent herein) filed his nomination papers as a candidate of Shiromani Akali Dal. The appellant was a candidate from Indian National Congress. There were other 17 candidates in the fray. Seven independent candidates withdrew their candidature, as such, only 12 were left in the field. Since Bhadaur constituency was reserved for Scheduled Castes, only the candidates belonging to Scheduled Castes were qualified to contest the election under Section 5 (a) of The Representation of the People Act, 1951 (hereinafter “RP Act”).

4. It appears that on 14.01.2012, one Badal Singh complained to the Returning Officer, Bhadaur Constituency, alleging that appellant Mohammad Sadique was a muslim, and as such did not belong to any Scheduled Caste. He also filed Civil Writ Petition No. 985/2012 before the High Court which was dismissed as not pressed, since, the remedy of challenging the election through Election Petition was available.

5. Total 1,13,233 votes, including 83 Postal Ballots, were polled on 30.01.2012 in the Bhadaur Assembly Constituency. On counting of votes, appellant was found to have secured 52,825 votes in his favour, and respondent got 45,856 votes, and as such appellant Mohammad Sadique was declared elected from 102-Bhadaur (Scheduled Caste) Assembly Constituency on 06.03.2012.

9. The High Court, after recording evidence of the parties, and hearing them, allowed the Election Petition and set aside the election of the appellant, holding that he was a muslim, and not a member of Scheduled Caste, as such not qualified to contest election from 102 – Bhadaur (Scheduled Caste) Assembly Constituency.

11.10 On 25.08.2006, appellant therefore asked the Tehsildar to cancel the wrong caste certificate and, on his asking, re-applied with the correct caste mentioned as ‘Doom’. Fresh caste certificate mentioning ‘Doom’ as the caste was issued to the appellant, which is still valid and has not been cancelled. ‘Doom’ is a Scheduled Caste in Punjab.

11.13 The appellant’s mother Smt. Parsanni Devi passed away on 16.12.2009. Since she had followed Islam, she was buried. However, again, since the appellant was following Sikhism, he got performed the Akhand Path and bhog of Akhand Path of Sri Guru Granth Sahib and Kirtan and Antim Ardas on 27.12.2009 in Gurdwara Sahib at Village Kupkalan, Tehsil Malerkotla District Sangrur. This was also attended by several prominent Sikh personalities.

11.14 In December 2011, the election scheduled for Punjab Legislative Assembly Elections was announced. Nomination papers were to be filed on or before 12.01.2012. Scrutiny of papers was on 13.01.2012. The appellant filed his nomination papers from Indian National Congress Party for Bhadaur Constituency. The respondent (Election Petitioner) filed his nomination from the Shiromani Akali Dal Party. Bhadaur constituency was reserved for Scheduled Castes in Punjab. Demographically, it is dominated by Sikhs who are the majority religious group in this constituency. Polling was held on 30.01.2012. On 06.03.2012, results were declared and the appellant emerged as the successful candidate, winning by a wide margin.

52. In these circumstances, therefore, this case fulfils the conditions required for being reconverted to Hinduism from Christianity in order to revive the original caste.”

26. Accordingly, the appeal is allowed, and the Election Petition filed by the respondent is dismissed. No order as to costs.

April 29, 2016.