Mr. Naresh Kumar Sanghi, J.: - PRAYER IN THE ELECTION PETITION

1. Prayer in this election petition, filed by the petitioner, Darbara Singh Guru, under Sections 80-83 read with Section 100 of the Representation of the People Act, 1951 (for brevity, ‘the 1951 Act’) and all other enabling provisions in this behalf, is for setting aside the election of the respondent, Mohammad Sadique, to the Punjab Legislative Assembly, from 102-Bhadaur (Scheduled Caste) Assembly Constituency (for brevity, ‘Bhadaur Constituency’), the result of which was declared on 06.03.2012 and further to order fresh election for the said Constituency.

FACTS

2. Brief facts as culled out from the petition filed by the petitioner are that the general elections to the Punjab Legislative Assembly were held in January, 2012. As per Section 3 of the Constitution (Scheduled Castes) Order, 1950 (for brevity, ‘the 1950 Order’), no person who professes a religion different from the Hindu, the Sikh or the Buddhist shall be deemed to be a member of a Scheduled Caste. As per Section 5(a) of the 1951 Act, the qualification to be elected to the Legislative Assembly from a seat reserved for the ‘Scheduled Castes’, the pers