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1983 Supreme(SC) 402

S.MURTAZA FAZAL ALI, E.S.VENKATARAMIAH, O.CHHINNAPPA REDDY
S. Anbalagan – Appellant
Versus
B. Devarajan – Respondent


Advocates:
A.T.M.SAMPATH, A.V.RANGAM, K.RAJENDRA CHAUDHARY, K.S.Chauhan, M.C.BHANDARE, P.N.Ramalingam, Y.S.Chitale

JUDGMENT

CHINNAPPA REDDY, J.— 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. Ambalagan, 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 (respondent) belonged to the Scheduled Castes and, on that finding, upheld the election. Ambalagan has pr





















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