(1) The substantial question which falls for determination in this election petition filed by one of the defeated candidates kotapally narasaiah, is whether the 1st respondent, jammana jogi, the returned candidate, belonged to a scheduled caste within the meaning of the constitution (scheduled castes) order, 1950 made by the president of india in cxerci e of his powers under clause (1) of article 341 of the constitution of india, to be qualified to be chosen to the andhra pradesh legislative assembly from the palakonda assembly constituency reserved for scheduled castes.
(2) In the recent general elections to the andhra pradesh legislative assembly the petitioner, a mala by caste, was one of the three contesting candidates from palakonda assembly constituency reserved for scheduled castes, the two other validly nominated contesting candidates being the 1st respondent and the 2nd respondent. The petitioner at the time of scrutiny raised objection in relation to the nomination paper of the 1st respondent on the ground that the 1st respondent did not belong to any of the scheduled castes within the meaning of the president's order of 1950 as he was a christian born to christian parents.
(3) The returning officer overruled this objection in view of the certificate of suddhi sangham showing reconversion of the 1st respondent and his wife to hinduism and another certificate given by the tahsildar, parvatipuram, besides the 1st respondent's own declaration published in the gazette dated 15th september, 1965 and the government notification and letters. In the contest that ensued, the 1st respondent secured 17,184 votes as against 15,289 votes and 6,850 votes polled respectively by the petitioner and the and respondent and was declared elected having polled the highest number of votes. The petitioner calls in question the election of the 1st respondent on the ground that on the date of the election he was not qualified to be chosen to fill the seat of the legislative asscmbly reserved for scheduled castes as he did not belong to any of such castes. His contention is that not only his parents at the time he was born were and have been ever since christians but also his sisters were baptised, brought up, educated and married and were being treated as christians. All the family members according to their own profession of religion as well as their outlook were christians. The 1st respondent was born in 1936, was baptised, educated and lived ever since only as a christian. It was for the first time in july 1965 after he joined the swatantra party, a political organisation, he entertained the idea of conversion to hinduism with a view to contest the seat from the palakonda constituency as by that time it was known that that constituency would be reserved for scheduled castes and he would get support from christian voters who are more than 10,090 in number. Then, on 15th september, 1965 he published in the gazette that he was conveted to hinduism. The petitioner contends that the suddhi sangham under the auspices of which the 1st respondent claims to have been converted is not a recognised organisation for converting persons belonging to different religions to hindu religion; that this act of conversion is not valid and effective; that at any rate, the 1st respondent not being born a hindu, could not acquire the membership of a scheduled caste assuming that any of his forefathers did ever belong to such caste; and further, even if he were a hindu by birth, reconversion automatically would not give him his previous caste. It is urged that his father after his own conversion ceased to belong to any of the scheduled castes.
(4) He did not consider himself thereafter as a member of the adi andhra community nor did that community accept him as belonging to that order. His associations were only with christians. Similarly the 1st respondent, after the alleged reconversion, did not in fact change his faith nor was he received by members of any scheduled caste as belonging to them. He did not make any attempt in this behalf and there was not sufficient time also for the same. He did not acquire any caste by custom or practice either. Thus he was not qualified at the time of nomination or election to be chosen as a member of the legislative assembly from the reserved constituency. His election, therefore, was void. It was further alleged that the 1st respondent being an advocate was well known in that constituency as a christian. In fact, he appealed to the christian voters and invoked their support as one among them and stated that in case he was elected he would be their representative. As a result 10,000 christian voters threw away their votes knowing full well that the 1st trespondent was not qualified for the seat and their votes will have to be ignored. The petitioner therefore contends that if these votes are excluded, he would be entitled to a declaration that he is the duly elected candidate.
(5) The 2nd respondent who did not raise any demur against the qualification of the 1st respondent at the time of scrutiny of nomination papers, remained ex parte in this case. The 1st respondent denicd the allegation that his parents or fore fathers were ever christians. His contention is that they are all hindus professing and practising hinduism and belong to mala adi andhra community. When he was barely two his parents persuaded into belief that if their sons and daughters were converted to christianity, they would have better facilities of education and better prospects of employment, got them converted to christianity. They themselves, however, continued to be hindus. Notwithstanding his conversion the 1st respondent was brought up by his parents in hindu atmosphere and he followed hindu ways of life and hindu theology. All of them observed hindu festivals and social functions and worshipped hindu deities. Their marriages were celebrated according to hindu rites and custom and within their community. Mangalasutram was worn and caste system was observed. Neither the 1st respondent nor his family members were ever treated as outcastes by the members of the adi - andhra community who always treated them as belonging to their fold. It is true that for educational purposes the 1st respondent regarded himself as a catholic but according to his convictions he was a hindu. He eventually made up his mind to put an end to this anomalous situation and got himself and his wife reconverted to hinduism at the hands of suddhi sangham, which is a well known organisation for this purpose. It is a public organisation and conversion at its hands is valid and effective. The respondent both legally and factually thus came into the fold and the old orders as ever recognised him as its member. The fact of his reconversion was published in the gazette. His position as a member of the scheduled caste, is entitled to recognition even under the government of india's memo, and letters. He denied that he ever afterwards followed the customs other than those of his caste. He denied that he ever appealed to christian voters in the name of religion or as one amongst them at the time of election or that there were as many as 10,000 or more christian voters in the palakonda constituency. In fact his reconversion, fomented communal fanaticism amongst them against him. Thus it was claimed that neither the election was void nor the petitioner was entitled to declaration that he is duly elected.
(6) On these pleadings, the following five issues were settled : - " (i) (a) was the 1st respondent born to christian parents and he got himself convetted to hinduism by suddhi sangham, guntur in july, 1965, only with a view to enable himself to contest for the reserved seat from the palakonda assembly constituency and notwithstanding such convcrsion for all other purposes he continued to be a christian ? (b) was suddhi sangham a recognised organisation and a competent body to effectively reconvert the persons of any other faith or religion to hinduism? (2) whether the respondent or his parents belonged to mala caste, and as a result of his conversion the 1st respondent became a member of the scheduled caste, and hence qualified to contest the election for the reserved scat for the scheduled castes from the palakonda assembly constituency ? if not what is its effect ? (3) did the 1st respondent as alleged, make an application to suddhi sangham in 1964, give notice to the churclt at parvatipuram also in 1964, or make publication in the gazette dated 15th september, 1965, declaring that he became a hindu ? whether all these by themselves have the effect of his reconversion to hinduism ? (4) whether the nomination of the 1st respondent was improperly accepted and this has affected the result of election ? (5) is the petitioner entitled to be declared elected as alleged ?
(7) It may be stated here that even though the petitioner had alleged in the election petition that the 1st respondent had appealed to the christian voters for support on ground of religion, it was made clear at the time of the admission of the petition itself that it was not intended thereby to charge the 1st respondent with corrupt practice on that document. Sri babulu rcddy, learned counsel for the petitioner, reiterated the same even at the time of arguments. The controversy then is confined to the eligibility of the 1st respondent to be a candidate for the reserved seat in the andhra pradesh legislative assembly.
(8) The contention is that he docs not belong to any scheduled caste within the meaning of the constitution (scheduled castes) order, 1950, made by the president of india in exercise of his power under article 341 of the constitution. Whereas the term 'caste' is a generic term well known to the laws, customs and usages in india, the expression ' scheduled castes' is a specific term adopted for the purposes of the constitution of india. The scope, meaning and implication of that concept have been determined by the express provisions of the constitution itself. The constitution of india in its various parts has made several provisions of far - reaching effect for the benefit of the scheduled castes. In part 16 it has inter aha in articles 330 and 332 provided for reservation of seats to the scheduled cartes in the house of people and legislative assembly respectively. By article 341 it has empowered the president to specify, after consultation with the governors of the concerned states, by public notification the castes, races or tribes or part of or groups within them which shall for purposes of the constitution be treated as scheduled castes in relation to the state concerned or union territory. The concept of scheduled caste s was sought to be determined not by any definition of wide and universal application but by only description in relation to each state so that it may achieve the avowed purpose. In fact, article 366 which deals, with definitions in sub - clause 24 defines this term as meaning such castes races and tribes parts thereof and groups within them as are deemed under article 341 to be scheduled castes for purposes of the constitution. Having regard to the language of article 341 it is obvious that it is not also necessary that the same castes races or tribes be regarded as the scheduled castes in all the states. They are deemed to be scheduled castes only in the states they are specified in the notification. The deeming provision indicates that a legal fiction has been introduced in determining the scheduled castes for purposes of the constitution. The notification once duly made, having regard to the clear language of clause (2) of article 341, would admit of no variations by a subsequent notification by the president. The parliament however, can by law include in or exclude from the list any caste, races, tribe or part of a group within any caste. This in short is the mode of determination and finalisation of the list of the scheduled castes as enjoined by the constitution.
(9) The president of india has made the constitution (scheduled castes) order, 1950 as contemplated by article 341 (1). The schedule forming annexure thereto is divided into 13 parts, each part specifying castes, paces or tribes in a particular state which are deemed to be within the scheduled castes throughout that state or part of that state. Clause 2 of the said order says that such castes, races, tribes, parts thereof or groups within them as are specified in each part of the schedule, shall in relation to that state to which that part relates be deemed to be scheduled castes only so far as the members of the said castes residing in the localities specified in such part are concerned. In other words to be within the scheduled caste, one must be a member of the caste, race, tribe, etc. , specified in the concerned part of the schedule and must be a resident of that area in which it is so specified.
(10) This test, however, is subject to the other provisions of the order as the opening words of the clause say. Clause 3 which in effect operates as a proviso to clause (2) lays a further condition that unless one professes hindu or sikh religion he shall not be deemed to be a member of the scheduled caste. The meaning of the scheduled caste has thus been determined by the constitution (scheduled castes) order, 1950 for all purposes of the constitution including the provisions of article 332 with which we are concerned. Of course, the category of scheduled castes is not an original creation of the constitution of india. The government of india act, 1935 also had provided for reservation of seats for scheduled castes which term was defined in para. 26 of schedule i of the said act. There was also the government of india (scheduled castes) order, 1936, corresponding to the present constitution (scheduled castes) order, 1950. We are, however concerned with the language of the latter. Clauses (2) and (3) of that order are express and explicit.
(11) The former stresses on the caste, etc. , and the latter on religion. So then if it be proved that the 1st respondent was not a mala by caste and professed a religion different from hinduism at the material time, he could not be deemed to be a member of the scheduled caste and hence was disqualified to fill the reserved scat in the assembly.
(12) The case of the petitioner is that the 1st respondent is a born christian, and the records show that he continued to be a christian till he became an advocate. His attempt to get himself converted was a ruse and a pretext to contest for a reserved scat and there was no real change of heart or faith in him. His conversion at the hands of suddhi sangham is not valid or effective and even if it were effective. It would not restore to him the caste of his ancestors and at any rate, the mala caste people or their order did not accept him into their fold. Thus the petitioner challenges the truth of the status claimed by the 1st respondent of being a hindu by religion and mala by caste. Issues 1 to 3 cover these grounds. As questions of religion and caste notwithstanding some close connection between them for certain purposes have distinct aspects of their own, i propose to deal with each of them separately and then consider the cumulative effect of both on the problem on hand. The matter as already stated is to be judged in the light of the constitution (scheduled castes) order of 1950. Clause (3) thereof says that no person who professes a religion different from the hindu or the sikh religion shall be deemed to be a member of a scheduled caste. What does the word 'profess ' mean ? this term has come up for judicial consideration in a number of cases. In g. Miehael v. S. Venkateswaran, ilr (1953) mad. 106, (1952) 1 mlj 239, air 1952 mad. 474.
(13) Rajamannar, c. J. , speaking for the court in this behalf, at page 478 observed thus : -
" i think the expression ' profess ' is intended to have the same meaning as the expression ' belongs to ' and a person belongs to a religion either by birth or by conversion. Mere sympathy with or admiration for particular tenets of any religion by a person who was not born in it and who has not been converted to it would not bring him within the meaning of the expression ' professing a particular religion. ' equally if a person has been born into a particular religion and has not been converted to another religion the mere fact that he is of an unorthodox type or has not belief personally in the tenets of that religion would not take him out of the category of a person professing that religion. To give an instance a person born of hindu parents and who has not been converted to any other religion would not cease to be a hindu merely because he does not believe in the vedas or has cultivated the habit of beef eating. This would be so for the application of the personal law to him. Likewise it would be so far political purposes."
(14) The nagpur bench of the bombay high court in narayan waktu karwade v. Punjabrao kvkam shambharkar, (1958) 60 bom l. R. 776. At p. 778. Observed thus : -
"no doubt one of the shades of the meaning of the word ' profess' is to declare but here we have not to construe the meaning of the word ' profess ' only but we have to construe the meaning of the phrase ' profess a religion ' and this has acquired a special meaning ; even the word ' profess ' was initially used as an open declaration of entry into a religious order. One of the meanings of the word ' profess ' as given in the shorter oxford dictionary, volume ii, is 'to be profsssed; to have made one's profession of religion ; to make one's profession, to take the vows of some religious order. In chamber's twentieth century dictionary, the meaning given is ' to enter publicly into a religious state '. Tomlins in his book ' the law dictionary' says that the word ' profession was used particularly ' for entering into any religious order. In our judgment, the phrase ' profess a religion' used in para 3 of the order is ucd in this sonse and in order to attract the provisions of this paragraph it has to be established that the person concerned has publicly entered a religion different from the hindu or sikh religion. Merc declarations falling short of this would not be sufficient."
(15) Of course it was a converse case. It is obvious that unless a hindu publicly enters into a different religion he cannot be said to be professing that different religion. What is said of a hindu, whether he be so by mere birth or by re - conversion, applies with equal force to persons of other religions who claim to profess hindu religion. Unless they enter publicly into that religion which will be usually by way of actual conversion they cannot be said to profess the said religion. Inasmuch as para. 3 of the order speaks of professing what is of essenee is change of faith and its declaration in a manner as may be known to those whom it may interest. Conversion, of course is one form and effectual too of such public declaration of change of faith. Professing religion being of primary importance once the change of faith is publicly declared the question whether conversion was efficacious or not, by reason of non - compliance with any ceremony or irregular performance thereof, is a matter of little significance. Even in cases decided under hindu law and succession act much significance has not been attached to the strict performance of ceremonies.
(16) Referring to the observation in ratansi d. Morarji v. Administrator - general of madras and comments of varadachariar, j. , on the relevant passage in guruswami nadar v. Irulappa konar, (1934) 67 mx j. 389 : a. I. R. 1934 mad. 630. Venkatasubbarao, officiating chief justice in b. Ramayya v. Mrs. Josephine elizabeth, a. I. R. 1937 mad, 172. Observed thus : -
" this passage (the passage in ratansi d. Morarji v. Administrator - general of madras, (
1928) i. L. R. 52 mad. 160 :
55 mlj 478. Is no authority for the position that a formal conversion is a pre - requisite to a person becoming a hindu. As varadachariar, j. , points in b.
Ramayya v. Mrs. Josephine elizabeth, this passage does not lay down that every one of the tests mentioned there should be fulfilled where conversion to hinduism is alleged ; all that was laid down was that each of the tests enumerated in the passage having been fulfilled there was conclusive evidence in favour of the alleged conversion."
(17) The question whether mere absence of some formality can negative the fact that there was a change of religion was considered by another division bench of the madras high court in goona durgaprasada rao v. Goona sudarsanaswami, i. L. R. (1940) mad. 653 : (1940) 1 m. L. J. 800 : a. I. R. 1940 mad. 513. It was held therein that a hindu having renounced hindusim once can revert back to it. The absence of ceremony of reconversion or any other expiatory ceremony does not per se render such return invalid. The learned judge observed that where in the circumstances of the case it appears that a man did change his religion and was accepted by his co - religionists as having changed his religion and lived and died and was cremated in the religion, the ab cnce of some formality cannot negative what is an actual fact for it is difficult to conceive of a more complete reversion to hinduism or a clearer abandonment of christianity. What is of essence is a true and genuine change of faith rather than the adoption of mere formalism. Krishnaswami iyengar, j. , in his separate judgment made a pointed reference to the process of hinduisation of various races and tribes of non - aryan origin from agts and the great degree of tolerance and accommodation that hindu society is capable of in absorbing in it different religions and sects. In support of his conclusion that a formal ceremony is not a pre - requisitc to a person for becoming a hindu, he cited with approval the dictum of venkatasubbarao, j. , in ratami d. Morarji v. Administrator - general of madras, (1928) i. L. R. 52 mad. 160 : 55 m. L. J. 478: a. I. R. 1928 mad. 1279. As commented on in guruswami nadar v. Irulappa konar, (1934) 67 m l j. 389 : a i. R. 1934 mad. 630. And explained in b. Ramayya v. Mrs. Josephine elizabeth, a. I. R. 1937 mad 172. A similar view was expressed in chunkur manjhi v. Bhabani majhan, a. I. R. 1946 pat. 218. By a division bench of the patna high court, consisting of fazal ali, c. J. And ray, j. , in that judgment there is elaborate discussion with reference to authorities on the term ' hindu ' in its theological sense and also process of hinduisation which is a steady, imperceptible and age - long feature showing the wonderful capacity of hinduism to absorb beliefs and take in its fold tribes and races of alien and non - aryan origin. Referring to the abovcmontioned madras decision as well, the learned judges held that for the purpose of hinduisation any ceremony of conversion is not at all necessary. It is unnecessary to multiply citations. Suffice it to say that even under the principles of hindu law much significance is not attached to mere ceremonies. It is the profession of religion and change of faith that is material. We are concerned here not so much with the general principles of hindu law as with the language of clause (3) of the constitution (scheduled castes) order, 1950.
(18) I have already referred to the view taken by the madras high court and the nagpur bench on this aspect of the matter. Needless to dilate on this aspect further in view of the pronouncemcnt of the supreme court in punjibrao v. D. P. Meshram, (1965) 2 s. C. J. 725 :a. I. R. 1965 s. C. 1179. It was a case where notwithstanding that the 1st respondent's name as convert to buddhism was not found in the register of converts, there were telling circumstances rendering his conversion to buddhism highly probable. Their lordships therefore held that the 1st respondent had ceased to be a hindu on the date of the nomination and consequently was ineligible to be a candidate for election from a constituency reserved for members of scheduled castes. Dealing with clause (3) of the constitution (scheduled castes) older, 1950. Their lordships, aftcr referring to the decision of nagpur bench relied on by the high court observed thus :
" the meanings of the word ' profess' have been given thus in webster's new world dictionary 'to avow publicly ; to make an open declaration of. To declare one's belief in ; as, to profess christ. To accept into a religious order '. The meanings given in the shorter oxford dictionary are more or less the same. It seems to us that the meaning ' to declare one's belief in, as to profess christ' is one which we have to bear in mind while construing the afoesaid order because it is this which bears upon religious belief and consequently also upon a change in religious belief. It would thus follow that a declaration of one's belief must necessarily mean a declaration ir such a way that it would be known to those whom it may interest. Therefore, if a public dcclaration is made by a person that he has ceased to belong to his old religion and has accepted another religion he will be taken as professing the other religion. In the face of such an open declaration it would be rdle to enquire further as to whether the conversion to another religion was efficacious. The word ' profess ' in the presidential order appears to have been used in the sense of an open declaration or practice by a person of the hindu (or the sikh) religion. Where, therefore, a person says on the contrary that he has ceased to be a hindu he cannot derived any benefit from that order."
(19) Judged in the light of the above observation it is to be seen whether the 1st respondent in this case was at the time of nomination professing a different leligion from the hindu religion of which he claims to be a member. It is not in dispute that the 1st respondent was a christian from his young age. His contention is that he was converted by his father in his early years for purposes of educational facilities and advancement but nevertheless he was always living in hindu atmosphere and was worshipping family gods, observing hindu festivals and social functions and his marriage also was celebrated according to hindu rites. Thus while he was on record a christian, at heart he was a hindu. He wanted to give a go - bye to this anamolous position and underwent reconversion under the auspices of the suddhi sangham gave notice of change of faith to the church at parvatipuram and ceased all connections with it. He made a public declaration by means of publication in the official gazette. He stopped going to the church and worshipped as ever the hindu deities, visited various temples in distant places, lived as a hindu giving hindu names to his sons and was regarded by his caste people as one among them. All this took place long prior to the date of nomination. The contention of the petitioner is otherwise. According to him, he is a born christian, his conversion at the hands of the suddhi sangham is a farce and was motivated by the political design of contesting for the reserved seat. In fact, there was no change of heart or faith. He continues to go to the church and his family members continue to be christians. In support of his case the 1st respondent examined himself and called nine witnesses in all.
(20) His testimony is categorical that he was got converted to christianity while very young by his father for purposes of his good education because the financial condition of his family was very poor and baptism was calculated to serve the ends of educational advancement without any burden on the family. He further deposed that he was always at heart a hindu and was brought up in the hindu atmosphere under the genial influence of his parents who are staunch hindus. He would go to church but only nominally order in to please christian fathers. He was at the same time worshipping hindu deities and always was adhering to hindu social customs. His marriage was also performed according to hindu rites. He was chafing under the discrimination made between caste people and others and also malas and madigas even in christianity. As he grew up and became an advocate he decided to put an end to his anamolous position of being a christian on record and hindu at heart. Eventually he got himself converted by approaching andhra suddhi sangham at guntur undergoing the requisite ceremonies of fast, homam, achamanam, ahuti and purnahuti. He thus formally re - entered the hindu fold and has been ever since accepted by his co - religionists as hindu. He ceased to be a christian by giving the church a formal notice also. The church in turn declared him as out of its fold. All these facts deposed to by him have been corroborated by his witnesses.
(21) In is pointed out by the learned counsel for the petitioner that whereas the 1st respondent had in his pleadings said that he was a convert to christianity when he was one or two, in his sworn statement he said that he was about 5 when he was converted and this discrcpancy between the pleading and the testimony must be fatal. When confronted the 1st respondent gave his explanation in cross - examination.
(22) He said he could not know when exactly, i. E. , at what age he was converted and when he saw the records it was revealed that he was not converted when he was one or two years but only later. This explanation of the alleged discrepancy is not far from being satisfactory. It is, however, said that the respondent ought to have examined his father in this behalf. To my mind the question whether he was two or five when he was baptised is not a matter of great importance so that failure to examine his father may make any difference.
(23) It is then said that the 1st respondent has said that he did not even know whether his wife was a christian when she married her and that he came to know of it only later on seeing her school record. An argument is built on this that this must show that he has made a deliberate attempt to conceal the true fact so that their marriage in the church may not be presumed and the marriage invitation card filed by the petitioner to that effect may not be probabilised. I do not think that the testimony of the 1st respondent can be discredited on that account especially when it is clear from the statements of r. Ws. 1 to 3 that the marriage did take place in the house and not in the church and it took place according to hindu rites and not according to christian ways and it was not performed by a pastor but by the caste elder. I am not called upon now to pronounce on the validity of such a marriage. If the maniage in the church in christian form was true, a pastor could have been examined by the petitioner and the entry in the register duly maintained could have been produced. R. W. 1 is no other than the 1st respondent's father's paternal uncle's son. R. W. 2 is a mala and r. W. 3 is the caste elder who officiated at the time of marriage.
(24) I will advert to their evidence as a whole later. For the present i refer to this portion to show only that this part of the story of the 1st respondent is corroborated by these witnesses. I am at this stage concerned with his religion. It is not, however disputed that the 1st respondent got himself converted to hinduism at the hands of suddhi sangham. Apart from admission in the pleading (written statement) to that effect, learned counsel sri babulu reddi made this clear at the time of arguments also. All that he called in question is that the conversion at the hands of such a sangham is not effective for it is not a public body which has gained public recognition.
(25) Of course it is not a registered society but it is deemed to be an institution for helping conversion to hindusim. The respondent has said that several persons have been converted under its auspices. Regular religious ceremonies arc performed in the temple. They are ceremonies of purification and re - entry into the hindu fold. He said that he and his wife performed all these ceremonies and to all intents and purposes became hindus once again. They were received as such by the hindu community. The testimony of r. W. 5 as to conversion is well supported by r. W. 8 the clerk of the sangham, and the documentary evidence, i. E. , exhibit r - g application. Exhibit r - 11 sample card, exhibit r - 10 postal receipt in relation to the notice given to the church, exhibit r - 8 showing the procedure, exhibit r - 12 counterfoils, exhibit r - 2 the certificate and exhibit r - 3 publication in the gazette. R. W. 8 has deposed that the andhra suddhi sangham guntur, functioning from 1938 as an organ for converting christians and muslims to hinduism, has converted more than 500 persons during the past 10 years. The muslim converts are few but the christian converts are several. According to him the 1st respondent applied for conversion on 3oth december, 1964 (exhibit r - 9). Both husband and wife came in january, 1965 and wished to be converted back to hinduism as they were christian converts from hinduism. A card like exhibit r - 11 was given to them so that they might inform the church concerned that they are renouncing christianity and embracing hinduism. The said card was sent by registered post to the parish priest roman catholic church, parvathipuram, and postal receipt exhibit r - 10 was obtained. Suddhi vidhi and vidhanam were then followed. The respondent and his wife fasted for one day. Next morning they were taken to eswaralayam at guntur where at the hands of the pujari, homam, achamanam, jala prakasham, ahuti and the pramanam. Were performed. They declared that they were no longer christians, they became hindus and took a vow that they would continue to be so.
(26) After all the ceremonies of reconversion were over, a certificate dated 5th january, 1965, was given to them. The witness identified the signature of the secretary thereon, the secretary being dead. He spoke to the various books and counterfoils maintained. It is clear from his testimony that in his presence the 1st respondent and his wife undertook all the ceremonies with the help of the priest in the temple and thus were once again brought into the hindu fold. Much capital has been made of soms mistake arising from lapse of memory or accidental slip committed by the 1st respondent in one of his letters sent to the sangham, which was discovered in the file maintained by the sangham. It appears that after all these ceremonies were over and certificate was given to him, the 1st respondent sent a letter to the sangham to ascertain whether the publication in the gazette was essential. In this letter he referred to his previous application but committed a mistake with regard to its date as though it was sent on 5th january, 1965, even though the certificate itself was given on that date. Furher the way in which he expressed himself in this letter created an impression as though no process of purification was done at guntur. This letter exhibit p - 8 of which exhibit p - 9 is the reply was not put to the 1st respondent as it was discovered later. When put to the witness r. W. 8 he said that the 1st respondent has committed mistake as to the date of application. He further said that 1st respondent and his wife both had come to the sangham made their signatures and all the ceremonies were performed in his presence. There is no reason to doubt the testimony of r. W. 8 and r. W. 5 in relation to the performance of ceremonies of conversion for the documents produced also lend assurance to the same. The state of records maintained by the sangham cannot rouse any serious suspicion as to their genuineness.
(27) One further ground raised is since there is no constitution for the sangham and it is not a registetcd society cither and further as no account books are maintained with regard to finances received no sanctity can be attached to its activities. When it is obvious from the records maintained that process of conversion is undertaken by this sangham and many persons have been duly converted, the mere fact that it is not a registered society would not undo the effects of its activities. All the ceremonies are done in the temple and the society only helps the people in that behalf. It maintains records and gives certificates. The evidentiary value of all these acts cannot be ignored merely because of non - registration of the sangham.
(28) A person can get back into the hindu fold by conversion. That must however mean and imply a real change of heart. These various acts done by him will afford proof of change of his faith which as already noticed is the essential requisite of conversion. It is important to note that the 1st respondent not only thus reconverted himself but also made a public declaration of the change of religion. The gazette notification, exhibit r - 3 bears standing testimony to the same. Besides his intimation to the church about renunciation has resulted in the parish fathers announcing in open congregations that the 1st respondent ceased to be christian and was reconverted to hinduism. R. W. 7 francis has deposed about the same. R. W. 4 catholic priest who worked at parvatipuram from 29th june, 1966 to 13th july, 1967, has also deposed that his parish did not treat him (1st respondent) as a christian. It is further clear from the deposition of both the witnesses that the 1st respondent was not going to the church at all ever since his reconversion. All the witnesses examined on behalf of the 1st respondent deposed to the same effect and they further deposed that he lived as a hindu. R. W. 1. Is closely related to the 1st respondent being his father's paternal uncle's son. He deposes that the 1st respondent was converted to christianity when young and he was reconverted some 3 years ago after he became an advocate. R. W. 2 says that he saw jogi going to temples. R w. 3 says that jogt was a christian for some years but he ceased going to church for the last 3 years as he became a hindu. R w. 3 according to r. W. 2 and others, is a caste elder who had officiated at the marriage of jogi and also of his sister. All the three witnesses say that jogi is hindu by religion and the caste - men have been regarding him as their co - religionist. R. W. 5 speaks of his visits to various temples, his mode of life as a hindu which was always being pursued in the company of his hindu parents. He further speaks of his children and about their hindu names. When questioned by the counsel for the petitioner be said that mere declaration was sufficient to enter into the hindu fold and conversion was a formal act. This, the learned counsel sri babul reddy urges is not sufficient for the purpose. His contention is that he must be accepted by the order into which he is sought to be introduced and there must be positive proof that he has been so received in the fold and has been accepted as one of its members.
(29) He further contended that not much time has elapsed since his convention in 1965 so that the reaction of the order in which he is sought to be introduced can be correctly gauged. The very assumption that 1st respondent relies on mere declaration is not correct for as i said above, he has also relied on his actual conversion and on all his activities subsequent to conversion bcaring on the change of faith and the reaction of the members of his community who have treated him as one amongst them. He has in fact adduced evidence in that behalf. The evidence adduced by the petitioner as against this is weak and discrepant. P. W. 1 belongs to a place about 100 miles distant from parvatipuram. He has neither property nor relations in parvatipuram. He has no personal knowledge about the circumstance of the 1st respondent or his ancestors. He says that he had occasion to meet 1st respondent's father as he was the president of the district harijan association.
(30) There is no record to show that he was president of that association. Even so there is no reason why he should have any contact with sanjivi the father of the respondent unless he was a harijan. He speaks of the fact that sanjivi and his father were christians long before jogi was bom but there is no record to show the same. He has no personal knowledge either. If sanjivi was a christian that fact could be proved by the record from the church. No such attempt has been made nor any other evidence adduced. He has spoken of the fact that the 1st respondent, his father and mother going to church but he admits at the end that that was not his personal knowledge. He has spoken of re - convcrsion by suddhi sangham as ineffective but admits that he did not make any enquiry as to its competance or otherwise. It is clear from his testimony that he has no personal knowledge about the treatment meted out to the 1st respondent after his conversion by the co - religionists or about the conduct of the 1st respondent himself. His evidence cannot rebut the positive evidence of the respondent's witnesses. The only other witness examined by him is a rickshaw driver. Masishctty yakhobu, who claims to be drawing rickshaw for the past 10 or 12 years. He is a madiga by caste and married a madiga woman and is christian by religion. He says he knows the 1st respondent, his wife and his father because he takes them in rick haw to the church. He does not know the occupation of the 1st respondent. He docs not even know whether the 1st respondent is a mala by caste or is connected with mala community. He says he can take only two persons in a rickshaw and not three. He does not belong to belgoan where the 1st respondent resides. He admits that there are 200 rickshaws in belgaon. He docs not speak of any others whom he might have taken in his rickshaw. There is no special reason why he should go all the way to belgoan and wait all the time in the expectation that the 1st respondent would go in his rickshaw. He says that he took them to the church on the 24th december. Himself being a christian, though of a different group he on his own showing had to ncccssarily attend the church. He however gives some reason for his plying rickshaw on the 24th and 25th. He says that only at particular hours he will be available for plying rickshaw. His evidence is artificial. It may be noted he has come all the way to give evidence spending rs. 70 from out of his own pocket according to his story. Having regard to his situation in life, it is impossible to accept this statement. In view of the nature of his evidence it is impossible to believe this witness that he was taking the 1st respondent to the church.
(31) This is all the oral evidence adduced on behalf of the petitioner. It does not establish that the 1st respondent did not become a convert to hinduism or that his community did not accept him into its fold. On the other hand the evidence adduced by the 1st respondent affirmatively establishes the factum of conversion and his faith in hinduism. Much reliance has been placed on the statement of r. W. 9 that jogi and his wife were going to church even after marriage. That does not help the petitioner for reconversion is a subsequent event. It is thus clear from the evidence that not only there was effective public declaration by publishing in the gazette of change of faith but also there is ample evidence that the 1st respondent by his conduct showed that he was a hindu and his community received him as such. The factum of conversion was publicly known and he was openly treated and accepted as a hindu by his fellowmen. The contention that the conversion was a mere pretext to seize opportunity to contest and gain political ends and the 1st respondent was at heart only a christian and had even appealed to the electorate as such, is illfounded. The very fact of reservation of the constituency for the scheduled caste itself is a much later event. It was notified even according to p. W. 1 in or about december 1966. Conversion had taken place much earlier. The circumstances proved further establish that the conversion was bona fide. It cannot but be said therefore that the 1st respondent was professing hindu religion at the material time within the meaning of clause (3) of the constitution (scheduled castes) order of 1950 as determined and authoritatively laid down by the supreme court in the case cited above.
(32) So then the next question for consideration is whether the 1st respondent belongs to the mala caste which he claims. Unless that is established he cannot be deemed to be a member of the scheduled caste. The word ' caste ' as dr. Wilson says in 'indian caste' at page 12 is not of indian origin but is derived from the portuguese 'casta' signifying race, mould or quality. Having regard to this meaning caste system may be built on birth or quality or character. It is not necessary for me to go into the question how the castes had originated in india; whther they were created on the basis of the aptitude and actions or they were based on race or birth.
(33) Whatever be the origin it is obvious that the division of indo - aryan society was made into four castes. The purpose thereof evidently was to promote the unity and solidarity of hindu society, with the passage of time and gradual development of process of hinduisation by absorbing races of non - aryan origin of various cults or religions the sub - castes under each caste multiplied with the result that we have innumerable castes in the length and breadth of india. Inter - caste marriages, change in social ways and manners and beliefs, customs, have no less been responsible for the expansion of caste growth or its disintegration into various sub - castes or other distinct castes. Causes of growth of castes or their disintegration into various sub - castes of different caste are too numerous to be exhaustively enumerated.
(34) The term caste in its judicial sense must denote however a well defined community governed by its own rules and regulations for certain internal purposes. Its functions are essentially such as have bearing on social life and habits of the community though partly they may be civil and religious in nature. As observed in cooppoosami chetty v. Duraisami chetti, (1909) 19 m. L. J. 714 : i. L. R. 33 mad. 67 at 69. Caste is a voluntary association of persons for certain purposes. It is open to a person to leave it. But every hindu at any rate the majority of them are born into some caste or other.
(35) Their status and their relations towards the other castes are defined and fixed by the caste to which they belong. Their matrimonial relations, their laws of inheritance and generally their religion and social rights and duties are also determined by their castes. The caste is not a religious body though its usages are based upon religious feelings. In social matters they lay down the law. It is a self - governing body in certain matters with internal autonomy necessary for its existence. Powers to make rules for guidance of its members and to punish such of them as act in contravention of those rules is necessarily vested in them. The matters affecting the internal autonomy of the caste and its social relations are indeed caste questions which as a rule are within their domain. Whether a certain person who belongs to a certain community has by reason of change of faith or otherwise ceased to be a member of that community must depend on the consciousness of the community and its attitude towards such a person. As already observed, a person born in a caste will belong to that caste unless he himself leaves that caste or the community by reason or breach of any social rule outcastes him. It is open to the community to accept him. Again in the fold. Once he is outcaste any amount of proof of his own conduct is of no avail for considering him as a member of that community, unless the community by its word, act and conduct permits his re - entry. It is only then that he is entitled to the rights and privileges whether social or political as a member of that caste or community. This position is well settled and needs no elaborate discussion.
(36) In the instant case it is common ground that the 1st respondent's forefathers were malas by caste. This caste is specified in part (1) of the schedule to the constitution (scheduled castes) order. It is, however, disputed that the 1st respondent was not born in that community as his parents at the time of his birth were christians and continue to be so even today. As regards this there is no proof.
(37) The issue as framed castes the burden on the petitioner. He failed to prove the same. Apart from his own testimony and that of p. W. 2, there is no evidence in this behalf. P. W. 1's evidence suffers from lack of knowledge and informetion, and p. W. 2's evidence is highly artificial. P. W. 1 lives at a place one hundred miles away from parvatipuram. He says the tst respondent's, grandfather was a christian, rayappa by name but he admits he has never seen him. He also says that the 1st respondent's father is a preacher he never saw him preaching or attending any church. His alleged contacts with him also are highly doubtful.
(38) If what he says is true he could have produced documentary evidence from the church in relation to his baptism or of his being an authorised preacher. He sought to file a document showing that he executed a registered sale deed professing that he is a christian. No evidence has been adduced even to prove this document. On the other hand, the 1st respondent's witnesses have categorically stated that the 1st respondent's parents are hindus and malas by caste enjoying all the privileges of the caste and that the community people treat them as such. R. W. 1 is his cousin who admittedly is a hindu and mala by caste. It is clear from his statement that the 1st respondent's father has his affiliations intact with the mala community. R. W. 2 is a native of parvatiputam who is acquainted with the 1st respondent's family ever since their migration from their native place neelampeta to that place. He too supports the version of the 1st respondent and says that for the first 3 years 1st respondent's father resided in parvatipuram and then he shifted to balgaon. R. W. 3 is the caste elder whose testimony also is categorical in this behalf that the 1st respondent's parents are malas. The testimony of these witnesses and others establishes the fact that the 1st respondent's parents are hindus and further the 1st respondent was a born hindu. It is no doubt an admitted fact that the 1st respondent and his sisters become converts while still young. This of course was for obtaining educational facilities. The 1st respondent contends that he nevertheless continued to be a member of the mala community and his school and college records show that notwithstanding change of religion he continued to be adi - andhra or mala by caste. Apart from the documents filed by the respondent, the very documents, exhibits p - 1 to p - 4, filed by the petitioner show that the 1st respondent, his brother and sister were shown in the school records as adi - andhra or harijan malas. It is not a rule that with the change of faith or adoption of a new cult, a person ipso facto stands ex - communicated or outcasted for according to the custom or usage some castes in certain circumstances can be retained even outside the orthodox hindu religion. No doubt caste system is predominantly among the hindus but caste distinction seems to persist even in other orders of society. Even the decision belied on by the petitioner, i. E. , g. Michael v. S. Venka teswaran, (1952) 1 m. L j. 239 : i. L. R. (1953) mad. 106 : a. I. R. 1952 mad. 474. Bears reference to the fact that there are several cases in which a member of one of the lower castes who has been converted to christianity has continued not only to consider himself as still being a member of the caste but has also been considered so by the other members of the caste who had not been converted. The learned chief justice, who spoke for the court in the said case, was prepared accept that instances could be found in which in spite of conversion the caste distinctions might continue. He was of the view that such instances are somewhal analogous to cases in which even after conversion some families and groups continue to be governed by the law by which they were governed before they became converts.
(39) He observed further that these are all cases of exception and the general rule is that conversion operates as an expulsion from the caste, in other words a convert ceases to have any caste. With due deference, it seems to me the proposition is too widely - stated. It is true in urge majority of cases the conversion practically results in severance of all connections with the caste but that is mainly due to the reaction of the old order, i. E. , community to which the convert belonged. The violation of the individual also may be responsible for the same. Caste and religion are, as already noticed, notwithstanding their intimate mutual connection on certain matters are two distinct concepts. The caste question may involve also social and political rights with which religion or theology may not have much or any concern.
(40) The observations of the supreme court in chatturbhu vitholdas jasani. V. Moreshwar parashram, (1954) s. C. J. 315 : (1954) s. C. R. 817 :a. I. R. 1954 s. C. 236. To which i propose to refer presently, are highly instructive in this behalf. Before referring to the same i may take note of the fact that the questions with which i am concerned are firstly whether by reason of changs of faith at his early age the 1st respondent stood ex - communicated notwithstanding the conduct of the old order, i. E. , his community or the caste people to the contrary; and secondly whether his reconversion in 1965 in any event with a favourable reaction of the community had or had not the effect of his enlistment as a member of the mala community. The 1st respondent had alleged that the community did not ex - communicate him or his family members on account of conversion but that he continued to be a member of the community not only by reason of his own conduct but also by virtue of continued acceptance of his caste people. It may be seen from the evidence of even p. W. 2 that converts to christianity do not cease to have all connections with mala or madiga caste from which they come for p. W. 2 though christian is still a madiga by caste and has married a madiga woman. His caste connections have not been severed off by reason of conversion. Similarly 1st respondent and his sisters have not ceased to be malas as deposed to by r. W. 1 their own kinsman, r. W. 2 thtir casttman and r. W. 3 caste elder. R. W. 7 also is a christian but the stamp of his caste is still on him. All these bear testimony to the fact that notwithstanding conversion to christianity mala and madiga people do not ipso facto cease to be members of their original caste but their caste people regard them still as one of them. When the evidence in this behalf is clear and unequivocal it must be held that the 1st respondent continued to be within mala caste notwithstanding his formal conversion to christianity. In chatturbhu vithaldas jasani v. Moreshwar parashram1, the supreme court had to consider the effect of conversion of mahar to mahanubhava panth for purposes of article 330 (1) of the constitution. Their lordships observed that while considering such a question the cturtis not concerned with the thcoloey of the panth but only with social and political consequences of such conversion.
(41) Present day mahabubhavas admit to their fold persons who elect to retain their old caste customs. The conversion of a mahan into a mahanubhava impert only an intellectual acceptance of certain ideological tenets and does not alter the convert's status as a member of the scheduled caste. The judgment is of signal importance for oar purpose as it has laid down various tests and discussed different aspects which must be kept in view when the effects of conversion on the caste of the person are to be considered. Their lordships say that conversion brings many complexities in its wake but in matters such as the present what the court, should be concerned with is what are the social and political consequences of such conversion and these should be decided in a commonsense practical way rather than on theoogical or theocratic grounds. There are three factors which have to be considered (1) the rcaction of the old body; (2) the intention of the individual himself; and (3) the rules of the new order. If the old order is tolerant of the new faith and sees no reason to outcaste or ex - communicate the convert and the individual himself desires and intends to retain his old social and political ties, the conversion in only nominal for all practical purposes and when we have to consider the legal and political right of the old body the views of the new faith hardly matter. Of course the new body is free to ostracise and outcaste the convert from its fold if he did not adhere to its tenets but it can hardly claim the right to interfere in matters which concern the political rights of the old body when neither the old body nor the convert is seeking either legal or political favours from the new as opposed to purely spiritual advantage. If, on the other hand the convert has shown by his conduct and dealings that his break from the old order is so complete and final that he no longer regards himself as a member of the old body and there is no reconversion and re - admittance to the old fold, it would be wrong to hold that he can nevertheless claim temporal privileges and political advantages. Their lordships approved of the broad underlying principle in charlotte abraham v. Francis abraham, (1861 - 63) 9 m. I. A. 195 at 199. And quoting the following passage from the judgment namely: " he (the convert) may renounc' the old law by which he was bound, as he has renounced his old religion, or if he thinks fit, he may abide by the old law, notwithstanding he has renounced the old religion. " added by way of modification that it was not only his choice which must be taken into account but also the views of the body whose religious tenets he had renounced and observed that with the said modification the observations that follow apply in their broad outline: " the profession of christianity releases the convert from the trammels of the hindu law, but it does not of necessity involve any change of the rights or relations of the convert in matters with which christianity has no concern, such as his rights and interests in and his powers over, property. " " the convert though not bound as to such matters, either by the hindu law or by any other positive law may by his course of conduct after his conversion have shown by what law he intended to be governed as to these matters. He may have done so either by attaching himself to a class which as to these matters has adopted and acted upon some particular law, or by having himself observed some family usage or custom; and nothing can surely he more just than that the rights and interests in his property, and his powers over it, should be governed by the law which he has adopted, or the rules which he has observed. "
(42) The broad principle underlying the judgment of the judicial committee as approved by the supreme court and the principles laid down by the latter, to which reference has been given, must govern the decision of the present issue.
(43) Their lordships have referred to not only conversion but also reconversion. In each case the reaction of the community it of paramount importance of course in conjunction with the will of the convert. A hindu can change his religion and at will convert himself to christianity or any other religion. He can also get himself reconverted to hinduism. His right in this behalf is unqualified. See b. Ramayya v. Mrs. Josephine elizabeth, air. 1937 mad 172. Goona durgaprsada rao v. Goona sudarsanswami, i. L. R. (1940) mad. 653 : (1940) 1 m. L. J. 800 : a. I. R. 1940 mad. 513. And venkatramayya v. Seshayya, (1941) 2 m. L. J. 877 : a. I. R. 1942 mad. 193. The conversion as noticed by the privy council does not of necessity involve any change of the rights and relations of the convert in matters with which the new faith has no concern such as social and political rights or right in the property. Notwithstanding conversion the converts, whether an individual, or family or group of converts, may like to be governed by the law by which they were governed before they became converts. (see g. Michael v. S. Venkateswaran, i. Lr. (1953) mad. 106 : (1952) 1 m. L. J. 239 : a. I. R. 1952 mad. 474 at 478. And the community to which they originally belonged may also continue to accept them within their fold notwithstanding conversion. While tendency to divide into sects and division to form new sects with their own religion and social observances is a characteristic feature of hinduism and it is not open to court to interfere with it as that matter as a caste question lies within the internal autonomy of the caste, it should also be remembered that sects were formed not only on community of religion but also community of functions.
(44) Casteism which takes deep roots in hinduism for some reason or other may not therefore cease its existence even after conversion. May be that the religion or faith to which conversion takes place, on grounds of policy or otherwise, does not take exception to this social order which does not interfere with its spiritual or the ological aspect which is the main object of the religion. That is why we find several members of lower castes converted to christianity in madras state, (to which reference is made in g. Michael v. S. Venkateswaran, i. L. R. (1953) mad. 106: (1952) 1 m. L. J. 239: a. I. R. 1952 mad. 474. Still continue to be members of their castes. In bombay cases which were decided under the bombay regulation ii of 1827 probably for the reasons that caste question can arise even in religion to parsees and mohammedans as the term caste " comprised any well defined native community governed for certain internal purposes by its own rules and regulations" the term " caste " was held not necessarily confined to hindus. See bhiwa v. Vittaram, (1857) 4 bom. S. D. A. 118. And abdul kadir v. Dharam, (1896) i. L. R. 20 bom 190.
(45) All this demonstrates that the caste or the caste question does not form an inseparable adjunct of religion and according to the dictum of the supreme court, caste questions being within the jurisdiction of the community meie conversion unless followed by the verdict of the community would not result in expulsion against the will of the convert. Thus a conversion does not necessarily result in extinguishment of caste and not withstanding conversion, a convert may enjoy the privileges, social and political by virtue of his being a member of the community with its acceptance. Chatturbhu vithaldas jasani v. Moreshwar parashram, (1954) s c. R. 817 : (1954) s. C. J. 315 a. I r. 1954 s c. 236. Is authority for this proposition and this principle has been fol'owed in a number of cases by various high courts. (kartik oman v. David munzni, a. I. R. 1964 pat. 201and shyamsunder v. Shankar deo vedalankar6}.
(46) Likewise 'even if conversion resulted in expulsion at the hands of the caste' people, a convert may still be ushered in that caste by the caste people on his reconversion to hinduism. For this proposition also the authority can as well be found in the decision of the supreme court in chatturbhu vithalas jasani v. Moreshwar, a. I. R. 1960 mys. 27.
(47) Thus as already noticed jogi, the 1st respondent, notwithstanding his conversion to christianity, which he treated as nominal remained in the mala caste. Both at neelampet, the village of his ancestors from where he migrated as a lad of two to parvatipuram, and also at partipuram he'was regarded as belonging to the community. The caste elders also regarded him as such. He was following the social code of the mala community and was worshipping the family deities and participating the mala social functions. At all relevant times he was showing himself as adi - andhra. His school records filed by both parties are to the same effect. He was married according to the rites and usages of mala community as deposed to by r. Ws. 1 to 3. Much stress has been laid on the fact that inasmuch as r. W. 2 has said that the 1st respondent's sister was married at salur and r. W. 3 says that he officiated at that marriage at belgaon, the discrepancy in the statement of r. W. 2 on the one hand and r. W. 1 and r. W. 3 on the other must discredit the entire testimony of all the three. What r. W. 2 had in fact said was that the sister was given in marriage to salur. Of course some mistake had crept in short hand notes in this behalf. That would not warrant eschewing the evidence of all the three witness. I am of the view that the evidence of all the three, inasmuch as they belong to the same community and have sources of knowledge, cannot be ignored for any inconsequential or minor discrepancies. The evidence on record fully establishes that though a christian for a particular purpose, the 1st respondent was regarded as mala by caste and actually belonging to the mala community in which he was born.
(48) Then there is evidence that he got himself converted back to hinduism under the auspices of the suddhi sangham after going through purification ceremonies after he had renounced the christian faith by giving to the church a formal intimation which was even accepted by the church authorities by declaring that he ceased to be a christian. He got his conversion published in the gazette (exhibit r - 5). He lived to all intents and purposes the life of a hindu going to temples and following the hindu ways and mala customs. He obtained a certificate, exhibit r - 7 from the revenue authorities and has been treated a mala by his castemen. The evidence of r. Ws. 1 to 4 and 7 to 9 corroborate his testimony that he had no connection with christianity even in name after his conversion. He ceased going to church. There is no reason to discredit the evidence of any of these witnesses as documentary evidence corrborates them. It is thus clear that jogi, the 1st respondents born as a hindu mala and though converted at an early age, as a christian for educational purpose was reconverted to hinduism and was being received all along by his mala community as such and never ceased to be i mala at any stage. He being a mala and also hindu at the material time, he is a member of scheduled caste within the meaning of the constitution (scheduled castes) order 1950. The petitioner has failed to establish that the 1st respondent is a christian or that he is not a mala by caste. He has failed to effectively rebut the evidence brought on record by the 1st respondent.
(49) As a result of the above discussion i decide issue nos. 1 to 3 in favour of the 1st respondent and against the petitioner. I hold that the 1st respondent was a mala hindu and not a christian by birth, that though he was admitted to christinity at his early age, he was reconverted to hinduism. His reconversion to hinduism is real and motived by his faith in hinduism and was not a mere pretext for seizing an opportunity to contest for the reserved seat. The suddhi sangham though not a statutory body, could legitimately help the 1st respondent to get himself reconverted to hinduism. It is an association formed by some philanthrophic persons, actuated by the idea of helping the intending converts to get them converted back to hinduism. The petitioner made application to the sangham gave notice to the church of his renunciation of christian faith made publication of his reconversion to hinduism and lived as a hindu mala. He by reason of his reconversion became a member of the scheduled caste within the meaning of the presidential order of 1950. He was a mala althrough and by reason of the fact that he came to profess the hindu religion at the material time was well within the meaning of clauses 2 and 3 of the constitution (schedule castes) order.
(50) The government letters (exhibit r - 6 series) filed showing the status only reflect the legal position. If at all any significance is to be attached to them by the 1st respondent it is only to this extent. Issues nos. 1 to 3 are decided accordingly. It follows that the nomination of the 1st respondent was not improper and his election is valid.
(51) The petitioner in his election petition has said that the 1st respondent had appealed to the chiistian voters in the name of religion and as one amongst them. This allegation, according to him, was not made by way of allegation of corrupt practice against the 1st respondent but only to show that all the christian voters threw away their votes knowing full well that he was a christian and with the conviction that their votes ultimately would be ignored, if those votes which ought to have been invalidated and which are about 10,000 be ignored he should be declared as duly elected. There is no evidence first of all that the 1st respondent appealed to christian voters in the name of religion. Also there is no evidence that there were 10,000 christian voters and they threw away their votes in the manner stated. Further the petitioner has failed to show any provision under which the said votes may be invalidated. There is no legitimate ground for the petitioner to claim declaration in his favour even though the highest number of votes were polled by the 1st respondent. Issue no. 5, is, therefore, held against the petitioner.
(52) In the result, the petition is liable to be dismissed. It is accordingly dismissed with costs of the 1st respondent. Advocate's fee rs. 300. Petition dismissed.