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REGISTERED No. D.L. 33001/99

The Gazette of India

PUBLISHED BY AUTHORITY

No. 40] NEW DELHI, SATURDAY, DECEMBER 29, 2001/PAUSA 8, 1923 Separate Paging is given to this Part in order that it may be filed

as a separate compilation.

PART II—Section 3—Sub-section (iii)

Orders and Notifications issued by Central Authorities (other than the Administrations of Union Territories)

ELECTION COMMISSION OF INDIA

New Delhi, the 3rd December, 2001

O.N. 162.—In pursuance of Section 106 of the Representation of the People Act, 1951; (43 of 1951), the Election Commission hereby publishes the judgement dated 20-8-2001 of the High Court of judicature at Mumbai in Election Petition No. 17 of 1999 filed by Shri Sandipan Bhagwant Thorat chal- lenging the election of Shri Ramdas Bandu Athavale to the Lok Sabha from 38-Pandharpur (SC) Parlia- mentary Constituency.

IN THE HIGH COURT OF JUDICATURE AT MUMBAI ORIGINAL ORDINARY CIVIL JURISDICTION

Election Petition No. 17 of 1999

Shri Sandipan Bhagwant Thorat, Residing at 6/1, Yashwant Co-op. Hsg. Society, Kumthanaka, Solapur.

Petitioner.

(457)

3855 GI/2001 —1 4 5B rm < f t u em OF INBJA : DECEMBER 29, 2OOI/FAUSA &, 1923 pm 11—$ac. $cmi

V/s.

Shri Ramdas Bandu Athavalc, Resident of World Bank Project, Charkop, Sector-2, Plot No. 33, Sharada Niwas, Kandivli(W), Mumbai-400067.

...Respondent. Mr. S. G. Aney with Mr. R. A. Kumbhakoni i/b Arnit Borkar for the Petitioner.

Mr.Anil Y. Sakhare with Mr. Nitin V. Pradhan with Mr, Sangharaj D. Rupwate with Mr. L. M. Acharya with Ms. Shubhada Khot i/b M/s. Harcsh Mehta and Co. for the Respondent.

CORAM : D. K. Deshmukh, J

Dated : 20th August, 2001 ORAL ORDER:

1. This petition has been filed under the provisions of Section 81 of the Representation of the People Act, 1951, challenging the election of the Respondent as a member of the Lok Sabha from the Pandharpur constituency, which is reserved for the candidates be- longing to the scheduled caste. The result of the elec- tion was declared on 7-10-1999. The Petitioner and the Respondent were candidates at the election. The Respondent had claimed, in his nomination paper thai he belongs to Mahar Caste, which is a scheduled caste.

2. The Petitioner, in the petition, claims that the Respondent does not belong to Mahar caste. He claims that the Respondent does not belong to sche- duled caste, therefore, he was not eligible to be a candidate from the Pandharpur CofisthXlency. Accord- ing to the Petitioner, the date on which Act No. 15 of 1990. which amends the Constitution (Scheduled Castes) Order, 1950 came into force, the Respondent was already professing Buddhist religion, Iherefore, he cannot claim that he belongs to the scheduled C3te.

3. The Respondent opposes the Petition. He claims that he belongs to Mahar caste. He submits that in support of his claim he had submitted a caate cefti- Ficr.tc issued by competent authority and therefore the returning officer accepted his nomination paper, tfe submits that becaircc he belongs to Maiiar caste, which is a scheduled caste, though he professed Buddhist religion, he is entitled to contest ffom the Pahdhntpur constituency, because of the amendment brought about by Act No. 15 of 1990 in the Constitution (Scheduled Castes') Order, 1950. He claims that this a frivolous petition, therefore, the petition should be dismissed with exemplary costs,

4. The Petitioner, apart from examining some wit- nesses for production of documents, has examined himself as a witness. The Respondent has not led any oral evidence.

5. ri-n*n the rival pleadings and documents fottew- ing issues arise :

(i) Does the Petitioner prove that the Respon- dent does not belong to Mahar caste ?

(ii) Does the Petitioner prove, even assuming that the Respondent belongs to Mahar caste, that he cannot claim to be belonging to the Scheduled caste, because he was professing Buddhist religion before the commencement of Act No. 15 of 1990 ?

(iii) Does the Respondent prove that the Petition should be dismissed with exemplary costs ?

6. Issue No. 1 : In the Petition, the Petitioner claims that the Respondent does not belong to Mahar caste. The only evidence that he has led is that the Respon- dent in his biographical sketch submitted as a mem- ber of the 12th Lok Sabha, had claimed that he was born on 25-12-1959 at village Agalgaon. The Peti- tioner, therefore, applied for a copy of the birth certi- ficate of the Respondent with the authorities, but the authorities informed him that they do not have any record showing that the Respondent was born at Agftlgaon

"I have filed this petition claiming that the Res- pondent does not belong to Mahar caste only on the basis that I did not find the entries about the Res- pondent's birth in the office at Kauthe Mahankal." The answer to the issue No. 1, is therefore, in the negative.

7. Issue No. 2 : It is submitted by the Petitioner that though th" Respondent belongs to Mahnr caste, he professes Byddhkt religion, therefore, as per the provision of the Constitution (Scheduled Castes) Order, 1950, he is not entitled to claim that he belongs to scheduled caste. It is further submitted that because of the amendment brought about by Act No. 15 of 1990, in the 1950 Order a person professing Budflhist religion can also belong to the Scheduled Caste, but that person should either be form or converted to Buddhist religion after the commencement of Act No. 15 of 1990. It is submitted that the benefit of Act No. 15 of 1990 is not available to the persons who were already professing Buddhist religion, when Act No. 15 of 1990 came into force. It is submitted that as per the provision of Article 330 of the Cons- titution, the number of seats reserved for the Sche- duled Castes in a State should, as nearly as may be,459 within castes, races or tribes which shall for the purpose of this Constitution be deemed to be Scheduled Castes in relation to that State (or Union territory, as the case may be).

(2> Parliament may by law include in or ex- clude from the list of Scheduled Castes speci- fied in a notification issued under clause (1) any caste, race or tribe or part of or group within any caste, race or tribe, but save as aforesaid a notification issued under the said clause shall not be varied by any sub- sequent notification.

Article (2) & (3) of the Constitution (Scheduled Castes) Order, 1950 after amendment reaxla :•—

bear saoje proportion to the total number of scats allotted tq that State in Lok Sahfaa, as the population of the Scheduled Caste in that State to the total popu* latioa of that State. In other wprds, the number of seats to be reserved fronj a State depends on the population of the scheduled c*stes in that State. It is submitted, initially from the State of Maharashtra 6 Lok Sabha seats were reserved foe scheduled castes. In 1956, a large population

(2) Subject to the provisions of this O*dcr, the castes, races or tribes or parts of, or groups within, castes or tribtts speci- fied in [Parts to (XII)* of the Schedule to this order, shall, i" relation to the States to which those parts respectively relate, be deemed to be Scheduled Caste? so far as regards member thereof resident in the localities speeded in relation to them io those parts of that Schedule. ft. It is clear that die submissions has no subs- tance and perusst of following provision* makes that obvious :

Articles 330 (1) and (2) of the ConstiUiLon

of India leads as under :

(3) Notwithstanding anything contained in paragraph 2, no person who professes a religion different from the Hinidji (the Sikh or the Buddhist religion shall be dteerned to be a member of a Scheduled Caste.).

330. Reservation of seats tor Scheduled Castes and Scheduled Tribes in the House of the People :—(1) Seats shall be reserved in the House of the People for—

Article (2) & (3) of t&j Constitution (Scheduled Castes) Ouder, 1950 before amendment reads :—

(a) the Scheduled Castes ; (b) the Scheduled Tribes except the Sche- duled Tribes in the autonomous districts of Assam; and

districts -of Assam.

<2) Subject to the provisions of this Older, the castes, r^ces or tribes or parts of, or groups within, castes or tribes specified in [Parts to (XXII)] of the Schedule to this order shall, in relation to the States to which those Parts respectively relate, be deemed to be Scheduled Castes so far .as regards member thereof resident in the localities specified in relation to them in those pafts of tbat Schedule.

(3) Notwithstanding anything contained In paragraph 2, no person who professes a religion different from the Hindu or the Sikh religion shaH be doetoed To be a member of a (Scheduled Castes).

Section 3 of the Representation of the People Act,

1 9 5 0 :^

(2) The number of seats reserved in any State (or Union territory) for the Scheduled Castes or the Scheduled Tribes under clause (1) shall bear, as nearly as may be, the same proportion, to the total number of sears allotted to that State (or Union territory) in the House of the People as the population of the Scheduled Castes in the Stat" (or/ Union territory) or of the Scheduled Tribes in the State (or Union .territwpy} or part of tfec State (or Union teKitdiy), as the case may be, in respect of which seats are so reserved, hears- to the Wai population af the State (or Union territ"yX

Allocation of seats in the Mouse of the People.— The allocation of seats to the States in the House of the People and the number of seafH, if any, to be reserved for the Sche- duled Cartes and for the Scheduled Tribes Or each State shall be as shown in the First

. Schedule.

Article 341 of ti"s Constitution of India reads ,as under Scrieduled Castes.—(1) the Presi- dent (may with respect to, any State) (or Union territory), and'where it is a (State*** after consultation with the Governor*** tfawnoD. by pubjic notification, specify the castes, races or tribes or parts of or groups

9. It is appMtent from the abov" enacted provisions that Articl* 390 toys town fo<* principle on the basis 460 THE GAZETTE OF INDIA : DECEMBER 29', 2001/FAUSA 8, 1923 [PART II—SEC. 3(UJ)]

the concessions and facilities available to the Scheduled Castes to them also on the ground that change of religion has not alter- ed their social and economic conditions. As a matter of fact, non-statutory concessions of the Central Government available to the Scheduled Castes have been extended to Neo-Buddhists. As they objectively deserve to be treated as the Scheduled Castes for the purpose of various reservations, it is proposed to amend the Presidential Orders to include them therein.

2. Hence this Bill.

of which the seats in the Lok Sabha are to be reserv- ed for the Scheduled Castes, however it vests in the Parliament the power to make the law¹ providing for reservation of the actual number of seats in each State. The number of seats to be reserved for Sche- duled Castes depends on the population of the Sche- duled Castes in the State. Now, if the Parliament does not increase the number of seats reserved for the Scheduled Castes in the State, it does not mean that in fact there is no increase in the population of Sche- duled Castes in tlhe State. It is clear from the provi- sions of the Constitution (Scheduled Castes) Order, 1950, before the 1990 amendment that a person who belongs to a caste which is included in the list of ' Scheduled Castes in the 1950 Order was not entitled to claim that he belongs to the Scheduled Caste, if he professed Buddhist religion, but as a result of tlhe 1990 amendment he can do so. The language of the 1990 amendment is clear. There is nothing in lhat provi- sion which would even suggest that, if a person who belongs to a caste mentioned in the list of Scheduled Caste? in the 1950 Order was professing Buddhist religion on the date of the commencement of the amendment is not entitled to claim that he belongs to the Scheduled Caste. The Respondent belongs to Mahar caste, which is mentioned in the list of Sche- duled Castes given in the Constitution (Scheduled Caste) Order, 1950 and was professing Buddhist re- . ligion on the date on which 1990 amendment came into force, therefore, he is entitled to claim that he belongs to Scheduled Caste. Therefore, Issue No. 2 is snswered in the negative.

O H A M S H V XM K H O H A R, Secy.

4dr "fc THE OAZEtTO 6F iNtOA r ISCRMftBft 1*, 2fflB*/*K*#A 8, 1953 [t*xrm-*m. "(i"4l 4#* 4&... THE GAZETTE OF INDIA^;,{>gCEMB£I$ 2^1 ;2G01/^t$4 8, 1925 [PART HrSB^,3/,W" • 455 .' 3855 Gi|20Ql—2.

466 THE GAZETTE OF INDIA : DECEMBER 29, 2001/PAI&A 8, 1923 [PART H—SEC 3(ill)]

ORDER

New Delhi, the 7th December, 2001

O.N. 164.—Whereas, the Election Commission is satisfied that each of the contesting candidate specified ia column (3) of the Table below at the General Election to the West Bengal Legislative Assembly, 2001 held from the Constituency specified in column (2) against his name has failedto lodge any account of his election expenses or h™ faited to lodga his accout of ebcton expanses in the manner required by law as shown in column(4) of th; saU TabU a457 Whereas, the said candidates have either not furnished any reason or explanation for the said failure even after due notice or the Election Commission after considering the representation made by them, if any, is satisfied that they have no good reason or justification for the said failure;

Now, therefore, in pursuance of Section 10A of the said Act, the Election Commission hereby declares the persons specified in column (3) of the Table below to be disqualified for being chosen as and for being a member of either House of the Parliament or the Legislative Assembly or Legislative Council of a State/Union Territory for a period of three years from the date of this Order,

TABLE

Number and Name of Names of contesting candidates

Reason for disqualification Assembly Constituency

SI. No.

Account not Lodged at all. 11—Kalchini (ST)

Sh. Madan Kumar Lama, Central Doors TE, P.O. : Panabasti, District : Jalpaiguri, Pin 735 226, West Bengal.

Account not Lodged at all. 13—Falakata(SC)

Sh. Nagendranath Roy, Vill. : Munsipara, P.O. : Salkumarhat, Dist. : Jalpaiguri, Pin 736 204, West Bengal.

Account not lodged at all. 14—Madarihat (ST)

Sri Salinath Craon, Vill. : DalgacnBasti, P.O. : Dhulagaon, District ; Jalpaiguri, Pin 735 216, West Bengal.

Account not Lodged at all.

4. 15—Dhupguri (SQ

Sri Mono Mohan Ray, Vill. : Baroghoria, P.O. : Bidyasharam, District : Jalpaiguri, West Bengal.

Account not Lodged at all. 16—Nagrakata (ST)

Sri Godliva Kujur, Gairkata Tea Garden, P.O. : Gairkata, P.S. : Banarhat, Jalpaiguri, West Bengal.

Account not Lodged at all.

6. 16—Nagrakata (ST)

Sh. Nepal Marandi, Vill, : Paschim Dangapara, P.O. : Garialtari, P.S. : Dhupguri, Jalpaiguri, West Bengal.

Account not Lodged at all. 18—Mal(ST)

Sri Kapil Kumar Tamba, Jyoti Colony, Notiali Batabari (1 No.), P.O. : Chalsa, P.S. : Metelli, District : Jalpaiguri, West Bengal.

468 THE GAZETTE OF INDIA : DECEMBER'29, 2001/PAtSA 8, 1923 [PART H—Sic. 3(flJ)]3 4 1 2 21—Rajganj (SC)

Account not Lodge4 at ajl.

Sri Bidycswar Roy, Chobabhita, Phulbari, West Bengal.

50—Farakka

Account not Lodged, at all.

Dr, Nurul Islam, Vill. + P.O. : Mahadevnagar, Distt. : Murshidabad, West Bengal.

51—Aurangabad

10.

Account not Lodged at all.

Sri Nurul Islam, Vill. : Khejurtala, Post: Kankuria, Distt. : Murshidabad, West Bengal.

51—Aurangabad

11.

Account not Lodged at all.

Sri Badrul, Vill. : Kamalpur, P.O. : Nimtita, District : Murshidabad, West Bengal.

53—Sagardighi (SC)

12.

Account not Lodged at all.

Sri Debesh Das, Vill. : Jyogpur, P.O. : Dohalidangapra, District: Murshidabad, West Bengal.

54—Jangipur

Account not Lodged at all.

13.

Sri Abdus Samad, Vill. : Raghunathpur, Post : Jangipur, Distt. : Murshidabad, West Bengal.

57—Nabagram

Account not Lodged at all.

14.

Sri Sukumar Marjit, Vill. & P.O. : Nabagram, Distt. : Murshidabad, West Bengal.

60~Domkal

Account not Lodged at all.

15.

Sri Baijid Hossain, Vill. & P.O. : Domkal. Murshidabad, West Bengal,

60—Domkal

Account not Lodged at all.

16.

Sri Brindabon Haldar, Vill. & P.O. : Kaliganj, Murshidabad, West Bengal.

61—Naoda

Account not Lodged at all.

17.

Sri Satendra Nath Dey, Vill. & P.O. : Andulberia, P.S. : Rejinagar, Distt. : Murshidabad, West Bengal.

62—Hariharpara

Account not Lodged at all.

18.

Sri Sohidurjjaman Biswas; Vill. ; Shibnagar, P.O. : Shibnagar Laskarpur, P.S. : Domkal, Distt. : Murshidabad, West Bengal.

- 4&9 1

Account not Lodged at til.

62—Hariharpara

19.

Sri Kamrujjaman Khondekftr (Baku)), Vill. : Nazirpur, P.O. : Gajanipur, Distt : Murshidabad, West Bengal.

Account not Lodged at all. 64—Beldanga

20.

Sri Benu Saudagar, P.O. & P.S. : Beldanga (Dakshinapara), Distt. : Murshidabad, West Bengal.

Account not Lodged at all. 64—Beldanga

21.

Sri S. K. Haidar Ali, Vill. & P.O. : Kazisaha, P.S. : Beldanga, Distt. : Murshidabad, West Bengal.

Account not Lodged at all. 65—Kandi

22.

Sri Abdul Aziz S. K., Khagraghat Station Road, P.O. : Radharghat, Distt. : Murshidabad, West Bengal.

Account not Lodged at all. 65—Kandi

23.

Sri Manowar Hossain $. K., Vill. : Lokepur, P.O. : Basudevkhali, Distt. : Murshidabad, West Bengal.

Account not Lodged at all. 65—Kandi

24.

Sri Swapan Das, Vill. : Jcmo Raghunathpur, P.O. : Jemo Rajbati, Distt. : Murshidabad, Pin—742 140, West Bengal.

65.—Kandi

Account not Lodged at all.

25.

Sri Prabal Kanti Singha Roy, Alupatti, P.O. : Kandi, Distt. : Murshidabad, Pin-742 137, West Bengal.

66—Khargram (SC)

26.

Account not Lodged at all.

Sri Pratyush Kumar Saha, Vill. + P.O. : Kagram, Via Salar, P.S. : Salar, Distt. : Murshidabad, Pin—742 403, West Bengal.

86—Gaighata

27.

Account not Lodged at all.

Sri Pijusjot Roy, Purbasha Pafk, Block fB\ Gorbordanga, North 24-Parjjanas, West Bengal.

470 THE GAZETTE OF iNtWA : DECEMBER 29, 2001/PAUSA 8, 1923 [PAXT H - - 3 E C. 3fili)l 1

4 38

, 91—Rajarhat (SC)

Account not Lodged at all.

Ms. Swapna Biswas, Aswininagar, Saradapally, Baguihati, Kolkata—700 059, West Bengal.

29 . 92—Deganga

Account not Lodged at all.

Sri Ashim Dcbnath, Vill. & P.O. : Prafulla Nagar, Habra, North 24-Parganas, West Bengal.

. 92—Deganga

Account not Lodged at all.

Sri Idris Ali, 5. Ripon Lane, Kolkata—700 016. West Bengal.

140—Cossipur

Account not Lodged at all.

31.

Sri Paritosh Mukherjee, 27, Gokul Mitra Lane, Kolkata—5, West Bengal.