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1996 Supreme(SC) 847

S.B.MAJMUDAR, B.L.HANSARIA, K.RAMASWAMY
Prabhudev Mallikarjunaiah – Appellant
Versus
Ramachandra Veerapra – Respondent


ORDER

This appeal under Section 116-B of the Representation of the People Act, 1951 (for short, the Act ) arises from the judgment of the High Court of Karnataka made on October 27, 1994 in Election Petition No.3 of 1991. The appellant had filed his nomination as a Scheduled Caste candidate to the Bidar-1 (SC) Parliamentary Constituency for the 9th Lok Sabha on April 26, 1991. It was rejected by the Returning Officer by his proceedings dated April 27, 1991 finding that he is a Verrashiva Jangamma and that, therefore, he is not a Beda Jangamma, which is item 19 of the Presidential Notification in relation to the State of Karnataka. He filed the election petition in the High Court, which was dismissed by the aforesaid judgment. Thus this appeal.

2. Shri N.D.B. Raju, learned counsel for the appellant, contended that the appellant was Beda Jangamma His father was the President of Beda Jangamma Association. He had the benefit of contesting the elections as a member of Beda Jangamma. The finding of the High Court that he is not Beda Jangamma in not correct. He contends that among the Lingayaths, there are various sub-castes. Though, as a fact, it was found that the appellant s sub-caste







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