1975 (12) TMI 191 - SC - Indian Laws

Summary

Issues Involved:
1. Improper rejection of the nomination paper of the 1st respondent.
2. Whether the 1st respondent was converted to Christianity in 1949.
3. Whether on conversion to Christianity, the 1st respondent ceased to be a member of the Adi Dravida caste.
4. Whether the 1st respondent was reconverted to Hinduism.
5. Whether on reconversion to Hinduism, the 1st respondent could once again become a member of the Adi Dravida caste.
6. Whether the 1st respondent was accepted as a member of the Adi Dravida caste after reconversion to Hinduism.

Detailed Analysis:

1. Improper Rejection of Nomination Paper:
The appeal was filed under Section 116-A of the Representation of the People Act, 1951, against an order by the High Court of Mysore that set aside the appellant's election. The High Court found that the nomination paper of the 1st respondent was improperly rejected by the Returning Officer. The main issue was whether the 1st respondent was an Adi Dravida professing Hindu religion at the date of filing his nomination.

2. Conversion to Christianity in 1949:
The appellant and the 1st respondent were rival candidates in the 1967 General Election. The appellant challenged the 1st respondent's eligibility on the ground that he was not an Adi Dravida professing Hindu religion, having converted to Christianity in 1949. The Supreme Court, in an earlier case, held that the 1st respondent was converted to Christianity in 1949. This finding was based on evidence and was upheld by the High Court in the present case.

3. Loss of Caste Membership on Conversion:
The Supreme Court had previously held that upon conversion to Christianity, the 1st respondent ceased to be a member of the Adi Dravida caste. This was based on the principle that conversion generally results in expulsion from the caste. However, it was noted that caste membership could persist despite conversion in some South Indian communities where both Hindus and Christians coexist within the same caste.

4. Reconversion to Hinduism:
The Supreme Court in the earlier case concluded that the 1st respondent had reverted to Hinduism by January-February 1967. This finding was based on the seven circumstances enumerated in the judgment, indicating that the 1st respondent was professing Hindu religion at that time.

5. Re-admission to Caste on Reconversion:
The High Court and the Supreme Court examined whether the 1st respondent could be re-admitted to the Adi Dravida caste upon reconversion to Hinduism. The consistent judicial view, supported by various High Court decisions, is that a person can be readmitted to their original caste if accepted by the caste members. This principle was applied to the 1st respondent, who was found to have been accepted back into the Adi Dravida caste.

6. Acceptance by the Caste:
The High Court found twelve significant circumstances indicating that the 1st respondent was accepted by the Adi Dravida community. These included his participation in community activities, being invited to lay the foundation stone for a temple wall, and his children's registration as Adi Dravida Hindus. The Supreme Court agreed with the High Court's assessment and concluded that the 1st respondent was accepted as a member of the Adi Dravida caste after his reconversion to Hinduism.

Conclusion:
The Supreme Court upheld the High Court's decision that the nomination of the 1st respondent was improperly rejected, thereby invalidating the appellant's election. The appeal was dismissed with costs.