IMPORTANT POINTS
It is not essential to change name after changing religion.
It is also not necessary that entire family of a person should convert or reconvert to the religion to which he has gone.

JUDGMENT :

Prafulla C. Pant, J.

This appeal, preferred under Section 116A of The Representation of the People Act, 1951, is directed against judgment and order dated 07.04.2015, passed by High Court of Punjab and Haryana at Chandigarh, in EP No. 1/2012, whereby Election Petition filed by respondent has been allowed, and election of the appellant from 102-Bhadaur (Scheduled Caste) Assembly Constituency in Punjab, has been set aside.

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.

6. Respondent challenged the election of the appellant pleading that, he (appellant), being a muslim, is not a member of Scheduled Caste, and as such he was not qualified to contest the election from any constituency reserved for Scheduled Castes. It is specifically pleaded that the appellant was born in a family which followed Islam, and his parents and others members of the family also professed Islam. They had their names which are prevalent amongst muslims, and they used to observe traditions of Islam. None of their family members use “Singh”, in their names, normally found with the names of those following ‘Sikh’ religion. It is further pleaded by the election petitioner-respondent that in his interview in the book titled -“Sada Bahar Gayak – Mohammad Sadique : Jeevan Te Geet”, the appellant had confessed that he was a muslim. It is also stated in the election petition that after death of the parents of the appellant, their bodies were buried as per muslim rites. It is further alleged that the Caste certificate issued to the appellant showing him to be member of community “Doom (Marasi)” by Tehsildar, Ludhiana (West), was cancelled. Thereafter, the appellant obtained caste certificate certifying his cast as “Doom” (i.e. Scheduled Caste) on 25.08.2006. However, the Joint Secretary, Department of Welfare, Government of Punjab vide memorandum No.1/32/2008-RS-1 dated 17.11.2008 issued directions to all the Deputy Commissioners in State of Punjab that a person professing Islam is not legally entitled to get Scheduled Caste certificate. Another communication dated 16.03.2009 stated to have been issued by the State Government informing the Deputy Commissioners that such Scheduled Castes certificates issued on or after 01.01.1980 were liable to be cancelled.

7. Appellant contested the election petition, and filed his written statement. He pleaded that he pro