Holding

A person’s caste, being a matter of birth, is not lost on conversion; the appellant, belonging to the Doom Scheduled Caste, remained eligible for the reserved seat despite his prior Muslim background.

Summary

In the 2012 Punjab Legislative Assembly election, Mohammad Sadique was elected from the Bhadaur constituency, which is reserved for Scheduled Castes (SC). The election petitioner, Darbara Singh Guru, challenged Sadique's election on the ground that Sadique, being born to Muslim parents, could not claim SC status and therefore was ineligible to contest a reserved seat. The High Court set aside the election, holding that Sadique was a Muslim and thus not a member of a Scheduled Caste. On appeal, the Supreme Court examined whether caste is lost on conversion to another religion and whether the SC certificate issued to Sadique remained valid despite state instructions that Muslims could not obtain such certificates. The Court held that caste is linked to birth and does not disappear on religious conversion; Sadique belonged to the Doom community, a Scheduled Caste in Punjab, and his SC certificate issued after his conversion to Sikhism was valid. Consequently, his election was not liable to be set aside. The appeal was allowed and the election petition dismissed.

Issues considered

Whether a person who converts from Islam to Sikhism retains membership of a Scheduled Caste for purposes of a reserved constituency
Whether the SC certificate issued to the appellant is valid despite state directives barring Muslims from obtaining such certificates
Whether the appellant was qualified under Section 5(a) of the Representation of the People Act, 1951 to contest a seat reserved for Scheduled Castes
Whether the High Court erred in setting aside the appellant's election

Legislation cited

Representation of the People Act, 1951s. 5(a)
Sikh Gurdwaras Act, 1925s. 2(9)

Subjects

Election lawReserved constituencyScheduled CasteCaste conversionReligious conversionEligibilitySC certificateSikhismIslam

Judgment

[2016] 4 S.C.R. 3 72

A MOHAMMAD SADIQUE
v.
DARBARA SINGH GURU
(Civil Appeal No. 4870 of2015)
B APRIL 29, 2016
[RANJAN GOGOi AND PRAFULLA C. PANT, JJ.]
Election Laws - Election to Assembly Constituency - Reserved
for Scheduled Caste - Election declared - Election of returned
candidate challenged - On the ground that returned candidate being
c a Muslim did not belong to Scheduled Caste and hence not entitled
to contest the election from the constituency reserved for Scheduled
Caste - High Court allowed the election petition setting aside the
election of returned candidate - On appeal, held:· The returned
cqndidate has proved that though his family followed Islam but they
D belonged to 'Doom' co111111unity 1l'hich is a Scheduled Caste in Punjab
under Constitution (Scheduled Castes) Order, 1950 - The candidate
was issued a caste certificate which he obtained after his conversion
to 'Sikhism' - The certificate was duly accepted by Returning Officer
- His having embraced Sikhism was publicly declared - No objection
lt'as raised to his conversion to Sikhism - A person can change his
L
religion but not the caste, as caste has linkage to birth - Thus, it is
duly proved that returned candidate belonged to the Scheduled
Caste - Hence, his election was not liable to be set aside -
Representation of the People Act, 1951 - s.5(a) - Constitution
(Scheduled Caste) Orde1; 1950 - Social Status.
F
Words and Phrases: 'Caste' and 'Scheduled Caste' - Meaning
of
Allowing the appeal, the Court
HELD: 1. In the present case, admittedly the appellant was
G born to Muslim parents. However, he has proved that his family
members though followed Islam, but they belonged to "Doom"
community. It is settled law that a person can change his religion
and faith but not the caste, to which he belongs, as caste has
linkage to birth. It is proved on the record that the appellant was
issued a caste certificate as he was found to be member of 'Doom'
H
372
MOHAMMAD SADIQUE v. DARBARA SINGH GURU 373

community by the competent authority, after he declared that he A
has em braced Sikhism, and he was accepted by the Sikh
community. 'Doom' in Punjab is a Scheduled Caste under
Constitution (Scheduled Castes) Order, 1950. [Para 22] [389-D-
E]
2. The Scheduled Caste Certificate No. 6149 dated 8
25.08.2006 (Exh PG/2) was issued to the appellant by the
competent authority, and accepted by the Returning Officer. Said
certificate appears to have not been cancelled. Though vide
communication dated 17.11.2008 (Ext. PJ) State authorities
informed and clarified to the Deputy Commissioner that members ,·
following Islam are not entitled to the certificate of Scheduled
c
Caste, and if issued, certificates may be cancelled. But the
certificate (PG/2) dated 25.08.2006 already issued in favour of
appellant, was not cancelled, which he obtained after his
conversion to Sikhism. [Para 221 [389-E-Gj
3. It is proved on the record that the appellant embraced D
Sikfl religion on 13.04.2006, and got published the declaration
on 04.01.2007 in the newspapers. Nomination for election in
question was filed by him five years thereafter. The appellant has
further sufficiently explained that since he was popular as a singer
with his Muslim name, as such without changing his name, he E
accepted Sikhism and followed all rites and traditions of Sikh
Religion. It is not essential for anyone to change one's name
after embracing a different faith. However, such change in name
can be a corroborating fact regarding conversion or reconversion
into a religion/faith in appropriate cases. Also it is not necessary
in law that entire family of a person should convert or reconvert F
to the religion to which he has converted. [Paras 22 and 23] [389-
G-H; 390-A-D] .
4. The appellant. stated that he not only followed Sikh
traditions, he never offered Namaz, nor observed Roza nor went
to Haj. Even the Election Petitioner did not raise any objection G
at the time when nomination papers were filed by the appellant.
Statement of the appellant as RW-5 regarding conversion to
Sikhism, is fully corroborated by the evidence of RW-11, RW-6,
RW-9 and RW-14. Election Petition is, therefore, liable to be
dismissed.[Paras 23, 24 and 26) (390-B-Gj
H
374 SUPREME COURT REPORTS [2016] 4 S.C.R.

A Guntur Medical College v. Y Mohan Rao (1976) 3 SCC
411: 1976 (3) SCR 1046 - followed.
S. Anbalagan v. B. Devarajan (1984) 2 SCC 112:1984
(1) SCR 973; Kai/ash Sankar v. Maya Devi (1984) 2
SCC 91:1984 (2) SCR 176 - relied on.
B K.P. Manu v. Scrunity Committee for Verification of
Community Certificate (2015) 4 SCC 1: 2015 (3) SCR
243 - referred to.
Case Law Reference
1976 (3) SCR 1046 followed Para 16
c
1984 (1) SCR 973 Para 17
relied on
1984 (2) SCR 176 relied on. Para 18
2015 (3) SCR 243 referred to Para 21
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 4870
D of2015.
From the Judgment and Order dated 07.04.2015 of the High Court
of Punjab and Haryana at Chandigarh in EP No. I /2012.
H. P. Raval, Atul Nanda, Sr. Advs., Balaji Subramanium, Amol
Nirmal Kumar Suryawanshi, Priyadarshi Gopal, Ad vs. for the Appellant.
E Yashank Adhyaru. Sr. Adv., Manish Shanna, Samar Vijay Singh,
Advs. for the Respondent.
The Judgment of the Comt was delivered by
PRAFULLA C. PANT, J. I. This appeal, preferred under Section
F 1I6A 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 EPNo. 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.
G
2. Brief facts of the case are that General Elections were held for
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
H elected.
MOHAMMAD SADIQUE v. DARBARA SINGH GURU 375
[PRAFULLA C. PANT, J.]

3. Election Petitioner (respondent herein) filed his nomination papers A
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
B
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 c
the High Cout1 which was dismissed as not pressed, since, the remedy
of challenging the election through Election Petition was available.
5. Total I, 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 D
respondent got 45,856 votes, and as such appellant Mohammad Sadique
was declared elected from I 02-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, E
and as such he was not qualified to contest the election from any
constituency reserved for Scheduled Castes. It was 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 F
observe traditions oflslam. None of their family niembers add "Singh",
with their names, normally found in 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 was also stated in the election petition that after death of the G
parents of the appellant, their bodies were buried as per muslim rites. It
was 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 H
376 SUPREME COURT REPORTS [2016] 4 S.C.R.

A 25.08.2006. However, the Joint Secretary, Department of Welfare,
Government of Punjab vide memorandum No. 1132/2008-RS- l 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 infonning the Deputy
B
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 professed Sikh religion, and is a member
of"Doom" community which is a Scheduled Caste in the State of Punjab.
c He admitted that he was born in a muslim family, but never offered
prayers in mosque or observed Rozas. It is further pleaded that since
childhood the appellant used to sing songs in the company of Sikh writers,
artists and singers. He used to go to the Gurudwaras to pay obeisance
and developed faith in Sikh religion. He followed the rites, rituals and
D customs of Sikh religion. He performed 'Sampatb Path' with Ragis at
his residence for seven days in the year 2000, and his two daughters are
married to Hindu boys. The appellant specifically stated in the written
statement that he embraced Sikh religion formally on 13.04.2006, and a
public notice to this effect was published in newspapers - 'The Hindustan
Times', Chandigarh, and ·Daily Akali Patrika', Jalandhar, dated
E 04.01.2007. It is explained in the written statement that since the appellant
was popular as a singer with name- Mohammad Sadique, therefore, he
did notchange his name even after embracing Sikh rdigion. On death of
his wife Smt. Raffikan @ Seeto who died on 17.12.2007 though she
was buried by followers oflslam, but appellant performed "Akhand Path"
F from 04.01.2008 to 06.01.2008 as per Sikh religion. It is further stated
that Bhog of Akhand Path, Kirtan and Antim Ardas were held in
Gurudwara at Ludhiana which was attended by. prominent Sikh
personalities. The appellant has explained in the written statement that
his mother Smt. Parsanni Devi who died on 16.12.2009 was follower of
Islam, and after her death her body was buried but the appellant performed
G Akhand Path and Bhog on 27 .12.2009 in Gurdwara Sahib at village
Kupkalan. Name of the appellant's father was WaliatAli. The appellant
denied that he admitted in the interview that he was a muslim. It is
alleged that since earlier he was issued caste cetiificate as 'Doom Marasi'
by mistake, that is why he got issued fresh cetiificate of caste mentioning
H 'Doom'. It is also pleaded that the daughters of the appellant were also
MOHAMMAD SADIQUE v. DARBARA SINGH GURU 377
[PRAFULLA C. PANT, J.]

issued Scheduled Caste certificates. The appellant accepted that he did A
receive a notice vide letter dated 30.11.2006, to deposit caste certificate
issued to him by 19.12.2006 but denied that his certificate was ever
cancelled or withdrawn by the Government.
8. The High Court, on the basis of the pleadings of the parties
framed following issues:- B
(1) Whether the respondent being muslim was not qualified to
contest the election from 102-Bhadaur Assembly Constituency
reserved for the members of the Scheduled Castes?
(2) Whether the respondent is a Sikh and professes Sikh religion?
(3) Whether the election petition is not verified in accordance C
with Order VI Rule 15 of the Code of Civil Procedure, 1908? If
so, its effect.
(4) Whether no material fact can be pleaded in the replication
after expiry of the period oflimitation for filing an election petition?
(S)Whether paragraph Nos. I2 to 15, 22(vii)(viii)(ix)(x)(xiii)(xiv) D
and 27 to 28 of the election petition are liable to be struck off on
the ground mentioned in the Preliminary Objection No. I of the
written statement?
(6) Re lief."
9. The High Court, after recording evidenc·e of the parties, and E
hearing them, allowed the Election Petition and set aside the election of
the appellant, holding that he was a muslim, and not a member of
Scheduled Caste, as such not qualified to contest election from I 02 -
Bhadaur (Scheduled Caste) Assembly Constituency.
10. Aggrieved by the above order of the High Court, this appeal is F
preferred by the respondent in the Election Petition.
11. Submissions and arguments advanced on behalf of the appellant:
11.1 In 1939, appellant was born in 'Doom' caste in Punjab. The
appellant's parents were Muslims by birth. However, the appellant
even before his conversion to Sikhism, had complete inclination G
towards Sikhism and was a 'Ragi' and used to perform Kirtan at
Alamgir Sikh Gurdwara.
11.2 The appellant has throughout been raised as a Sikh. He has
professed the Sikh religion, and performed the ceremonies, rituals
H
378 SUPREME COURT REPORTS [2016] 4 S.C.R.

A and rites of Sikhism.
11.3 He has never offered prayer in a mosque, or kept Rozas, or offered
N amaz, or had never been to Haj. He has never lived nor
considered himself a muslim, nor was he so considered by others.
11.4 He sta11ed singing songs at a very early age and in due course
B became one of the most popular folk singers in Punjab. He was
associated with other writers, artists, singers and producers, who
were all Sikhs, and used to visit Gurdwaras with them to pay
obeisance, and had full faith in Sikh religion. At every stage -
show of his, the appellant started the performance by singing
c religious songs in praise of the Guru Sahibans.
11.5 During 1989-1991, appellant's daughters were all issued caste
certificates mentioning 'Doom' as their caste, as per certificates
dated 01.08.1989, and 16.04.1991. These are still valid and not
cancelled.
D 11.6 During 1999-2000, appellant was going through a personal bad
phase in his life. On the advice of Sardar Pargat Singh Grewal,
the appellant got performed the 'Sampat Path', which was
performed by Sant Baba Sucha Singh along with other Ragis of
Jawadi Taksal at his residence in Ludhiana for seven days.
E Thereafter, the appel !ant's condition started improving, and it further
strengthened his belief in Sikh religion.
I 1.7 During 2001-2002, three of the appellant's daughters, namely,
Naseem Akhtar, Shehnaz Akhtar and Javed Akhtar were married
into Hindu families. The marriages were performed as per Hindu
rites and ceremonies, as desired by the respective husbands'
F
families.
11.8 Though the appellant had always been raised as a Sikh and had
followed Sikhism, he formally embraced Sikhism on 13.04.2006.
He gave a public notice of this, which was published in leading
newspapers namely Hindustan Times, Chandigarh and Daily Akali
G
Patrika, Chandigarh on 04.01.2007. Since appellant had become
famous throughout Punjab and indeed all over India as a singer, he
retained his muslim name and did not change it.
I 1.9 On 13 .07.2006, appellant got his application and affidavit typed by
a typist in Ludhiana forobtaining his caste certificate. The appellant
H
MOHAMMAD SADIQUE v. DARBARA SINGH GURU 379
[PRAFULLA C. PANT, J.]

did not read the same before signing and Caste certificate was A
issued to the appellant mentioning his caste as 'Doom' (Marasi).
The appellant at this stage realized that the typist had by mistake
in the application wrongly mentioned his caste as 'Doom'(Marasi)
instead of caste 'Doom'.
11. I 0 On 25.08.2006, appellant therefore asked the Tehsildar to cancel B
the wrong caste certificate and, on his asking, re-applied with the
correct caste mentioned as 'Doom'. Fresh caste certificate
mentioning' Doom' as the caste was issued to the appellant, which
is still valid and has not been cancelled. 'Doom' is a Scheduled
Caste in Punjab.
c
11.11 There was no objection from anyone to the appellant's formally
embracing Sikhism, rather, he was welcomed into it. Prominent
Sikh personalities such as Sant Shamsher Singh Jagera, President
of Sant Sepahi Dal and International Sant Samaj, honoured the
appellant by presenting "Saropa" to him on 20.01.2007. He was
also welcomed by Sant Kartar Dass Jee at his Dera and Sardar D
Pargat Singh Grewal, President, Prof. Mohan Singh Foundation.
11.12 The appellant's wife Rafikan@Seeto passed away on 17.12.2007.
Since she had been following Islam, she was buried. However,
since the appellant had been following Sikhism, he got the' Akhand
Path' performed in Gurdwara Shri Tegh Bahadur Satsang Sabha, E
Ludhiana from 04.01.2008 to 06.01.2008, and the bhog of Akhand
Path of Sh. Guru Granth Sahib was performed on 06.01.2008 at
his residence and thereafter Kirtan and Antim Ardas was held on
the same day followed by Guru ka Langar as per Sikh rituals, rites,
customs and ceremonies. The obituary to th is fact was got pub Iished F
in various newspaper namely 'Aj Di Awaj, Jalandhar dated
05.01.2008 and 'Ajit Jalandhar' dated 04.01.2008. The Kirtan
and Antim Ardas of the appellant's wife was well publicised and
widely attended, i1,19luding by prominent Sikh personalities. The
entire event was also videographed and the original video recordings
were produced as evidence before the High Cowi. G
11.13 The appellant's mother Smt. Parsanni Devi passed away on
16.12.2009. Since she had followed Islam, she was buried.
However, again, since the appellant was following Sikhism, he got
performed the Akhand Path and bhog of Akhand Path of Sri Guru
Granth Sahib and Kirtan and Antim Ardas on 27.12.2009 in H
380 SUPREME COURT REPORTS [2016] 4 S.C.R.

A Gurdwara Sahib at Village Kupkalan, Tehsil Malerkotla District
Sangrur. This was also attended by several prominent Sikh
personalities.
11.14 In December 2011, the election schedule for Punjab Legislative
Assembly Elections was announced. Nomination papers were to
B be filed on or before 12.01.2012. Scrutiny of papers was on
13.01.2012. The appellant filed his nomination papers from Indian
National Congress Party for Bhadaur Constituency. The respondent
(Election Petitioner) filed his nomination from the Shiromani Akali
Dal Party. Bhadaur constituency was reserved for Scheduled
Castes in Punjab. Demographically, it is dominated by Sikhs who
c are the majority religious group in this constituency. Polling was
held on 30.01.2012. On 06.03.2012, results were declared and the
appellant emerged as the successful candidate, winning by a wide
margin.
11.15 For the avoidance of doubt, on 11.08.2014, appellant made a
D declaration as per Section 2(9) of the Sikh Gurdwaras Act 1925 to
the effect that he was a follower of Sikh religion. However, on
07.04.2015, the impugned order was pronounced by the High Court,
which allowed the petition, holding thatthe appellant was not eligible
to contest the election from Bhadaur. The High Court held that
E since the appellant's parents followed Islam, he was a muslim and
therefore could not be a member of a Scheduled Caste. It further
held that appellant had not embraced Sikhism and even if he
embraced Sikhism, he would not get the benefit of being a member
of a Scheduled Caste.

F 11.16 The impugned order is erroneous because it ignored the
overwhelming evidence that the appellant had lived his life
throughout as a Sikh. Finding of High Court that the appellant is a
muslim is incorrect, and the evidence has not been correctly
appreciated. There is no formal ceremony or procedure required
to embrace Sikhism. The fact that a person has led his life
G throughout by following Sikh customs, rituals, rites and ceremonies,
and that he has not fol lowed the ceremonies, of any other religion,
leads to the conclusion that the person is a Sikh.
11.17 Appellant had led his life throughout by following Sikh customs.
He used to pray in Gurdwaras. He got the Akhand Path, bhog,
1-1 kirtan and Antim Ardas performed after the death of his wife and
MOHAMMAD SADIQUE v. DARBARA SINGH GURU 381
[PRAFULLA C PANT, J.]

his mother. Three of his daughters are married into Hindu families. A
He had given a public notice of his formally embracing Sikhism as
far back as in 2006, which was not objected to by anyone. On the
other hand, the evidence was clear that he had never observed
any of the customs, rites, or ceremonies of Islam. Thus, neither
did appellant conduct himself as a muslim, nor did he regard himself
B
as the one. He was not perceived as a muslim by his near and
dear ones, friends and acquaintances.
11.18 The High Court erred in holding that the declaration made by the
appellant under the Sikh Gurdwaras Act 1925 would take effect
only from the date of the declaration. It failed to note that the
declaration, by its very nature, would be retroactive in operation.
c
11.19 The High Court erred in holding that the instant case was one of
conversion from Islam to Sikhism and therefore the appellant could
not claim to be a member ofa Scheduled Caste. The High Court
failed to appreciate that the appellant had been raised as a Sikh
belonging to 'Doom' caste from the very beginning and as such it D
was not a case of conversion.
11.20 The High Court has misconstrued the evidence of PW-2, PW-4
and PW-5. All that was stated by these witnesses is that the State
Government had issued instructions that Scheduled Caste
Certificates should not be issued to muslims, even if they indicated E
their caste as' Doom'. These instructions were not specific to the
case of the appellant since the appellant is not a muslim. The
Caste Certificate issued to the appellant remains valid even on
date, and has never been cancelled.
11.21 The High Court further erred in holding that since the appellant did F
not wear the five 'kakkas' i.e Kach ha, Karha, K irpan, Kangha
and Kesh, he could not be a Sikh. The High Court failed to note
thatthe same is required only of Amritdhari Sikhs, and not all Sikhs,
and even amongAmritdhari Sikhs it is not a universal practice.
12. Submissions and arguments advanced on behalf of Respondent G
(Election Petitioner):-
12.1 Constitution (Scheduled Castes) Order, 1950 provides that 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.
Thus a person professing Muslim religion cannot claim Scheduled H
382 SUPREME COURT REPORTS [2016] 4 S.C.R.

A Caste status.
12.2 Under section 5(a) of the Representation of the People Act 1951,
the qualification to be elected to the Legislative Assembly from a
seat reserved for Scheduled Castes is that the candidate must
belong to one of the Scheduled Castes specified forthe said State,
B in the Constitution (Scheduled Castes) Order, 1950. Since the
Bhadaur Constituency was reserved for the Scheduled Castes in
the State of Punjab, as such the appellant not being a member of
Scheduled Caste was not qualified to contest election from said
Constituency.
c 12.3 The High Court has correctly evaluated the material available on
record to find out as to whether the appellant had taken birth in the
family of Scheduled Caste as per the Constitution (Scheduled
Castes) Order, 1950 before concluding that the appellant being a
muslim cannot derive any benefit of Scheduled Caste.

D 12.4 Even if it is presumed that the appellant belonged to Doom
community and embraced Sikhism, it cannot be said that he was a
member of Scheduled Caste and he would carry his ;Doom' Caste
along with him at the time of conversion. It is apposite to mention
here that a muslim even if belonging to Scheduled Caste was not
eligible to contest the election, and as such by merely embracing
E Sikhism, he cannot become eligible for the same.
12.5 A person embracing religion other than Hindu. or Sikh does not
carry his caste with him as a general rule. No special
circumstances have been brought on record so that th is Court may
presume that the appellant had carried his 'Doom' caste along
F with him after embracing Sikhism. In fact, on the basis of the
evidence led by both the parties, the High Court was rightly not
convinced that the appellant had embraced Sikhism for the reason
that the appellant fairly admitted during his cross-examination that
his forefathers as well as his wife were following Islam.
G 12.6 Moreover, the declaration which is required to be verified by a
Magistrate under Rule 3(b) of the Sikh Gurdwaras Rules, 1925
has been verified by the Oath Commissioner and not by the
Magistrate, and hence it does not qualify to be a legal declaration
and therefore, its not a valid declaration.
H 12.7 By an application dated 13.07.2006, (Exh. PF). the appellant had
MOHAMMAD SADIQUE v. DARBARA SINGH GURU 383
[PRAFULLA C. PANT, J.]

applied for issuance of a Scheduled Caste certificate by claiming A
himself that he belonged to "Doom (Marasi)" caste, which was
granted to him on the same date i.e.13.07.06 (Exh. PF6), under
the orders of the then Tehsildar, Ludhiana (West). When the said
fact came to light, the then Commissioner, Patiala Division, Patiala,
ordered an inquiry and thereafter a direction was issued to the
8
appellant to return the said Scheduled Caste certificate in the office
of the Tehsildar by 19 .12.2006, but the same was not obeyed by
the appellant and, as such, the Government of Punjab vide its order
no. 15/MC, dated 11.01.2007, cancelled the said certificate. In the
meantime, the appellant again applied on 25.08.2006 (Exh.PG),
for issuance of another Scheduled Caste certificate claiming himself c
to be a "Doom" caste only and a certificate (Exh. PG2), to that
effect was issued on the same date i.e. 25.08.2006. However, the
Joint Secretary, Welfare, Government of Punjab, vide his Memo
No. l /32/2008-RS- l, dated 17 .11.2008, issued directions to all the
Deputy Commissioners in the State of Punjab, to the effect that a
person belonging to Islam was not legally entitled to get a Scheduled
D
Caste certificate.
12.8 A public notice claiming to declare the appellant a Sikh was published
in the newspapers - The Hindustan Times, Chandigarh and Daily
Akali Patrika, Jalandhar on 04.01.2007 but as admitted by his own
witness RW 14 in the cross examination, the appellant was a E
Mohammedan before the advertisement in the newspapers on
04.01.2007.As such the appellant is a born muslim, and continued
to be a muslim upto the date of filing of nomination papers.
12.9 The two Scheduled Caste Certificates dated 13.07.2006 Exh.PF6
and 25.08.2006 Exh.PG2 got issued by the appellant are not valid F
Scheduled Caste ce1iificates.
12.10 Sub Section (9) of Section 2, of the Sikh Gurudwara Act, 1925
defines a Sikh reads as follows-
"(9) Sikh - "Sikh means a person who professes the Sikh G
religion or in the case of a deceased person, who professed
the Sikh religion or was known to be a Sikh during his life time.
If any question arises as to whether any living person is or is
not a Sikh, he shall be deemed respectively to be or not to be a
Sikh according as he makes or refuses to make in such manner
H
384 SUPREME COURT REPORTS [20 I 6] 4 S.C.R.

A as the State Govt. may prescribe the following declaration: -
I solemnly affirm that I am a Sikh, that I be! ieve in the Guru
Granth Sahib, that I believe in the ten Gurus and that I have no
other religion."
12.11 In the Rules framed under Sikh GurudwaraAct, 1925, it is provided
B that a declaration shall be made either orally in the presence of the
authority by whom it is to be decided whether the person in question
is a Sikh or not, or in writing and (i) ifthe declaration is made orally
the authority in whose presence it is made shall record the making
of it in writing and the record shal I be attested by the signature or
c thumb-mark of the person making it, and (ii) ifthe declaration is
made in writing it shall be signed by the person making it, shall be
verified by a magistrate and shall be forwarded in original to the
authority by whom it is to be decided whether the person in question
is a Sikh or not.

D 12.12 For ceremony of Baptism and Imitation procedure in Art. XXIV is
required to be followed, which is not followed, as such High Court
committed no error oflaw in setting aside election of the appellant.
12. I 3 In the above circumstances, the respondent deserves to be declared
elected for remaining period from Assembly Constituency Bhadaur.
E 13. We have considered the rival submissions of learned counsel
for the parties and perused the papers on record.
14. In the present case, the main issue before us is whether the
High Court has erred in holding that the appellant was not a member of
Scheduled Caste on the date of filing of his nomination papers from the
F Assembly Constituency I 02 Bhadaur (SC) in Punjab, as such he was
not, qualified, and his election from said constituency is bad in law.
15. Before further discussion we think it just and proper to
understand what "caste" actually means. The word "caste" is defined
in Encyclopedia Americana, Vol. 5, as under: -
G "Caste: Caste is a largely static, exclusive social class, membership
in which is determined by birth and involves particular customary
restrictions and privileges. The word derives from the Portuguese
casta, meaning 'breed', 'race', or 'kind' and was first used to
denote the Hindu social classification on the Indian subcontinent.
H While this remains the basic connotation, the word 'caste' is also
MOHAMMAD SADIQUE v. DARBARA SINGH GURU 385
[PRAFULLA C. PANT, J.]

used to describe in whole or in part social systems that emerged A
at various times in other parts of the world .... "
According to Webster Comprehensive Dictionary (International
Edition), 'caste' in relation to Hinduism means- any of the four social
divisions namely Brahmin (Priests), Khshatriya (Warriors), Vaishya
(agriculturists & traders) and Shudras (servants). B
16. Now, we would like to examine the expression "Scheduled
Caste". In Gu11tur Medical Col/effe v. Y. Mo/um Rao', Constitution
Bench of this Court has explained the term "Scheduled Castes" and
made following observation: -
"3 ............. The expression 'scheduled castes' has a technical c
meaning given to it by clause (24) of A1iicle 366 and it means -
'such castes, races or tribes or parts of or groups within such
castes, races or tribes as are deemed under Article 341 to be
Scheduled Castes for the purposes of this Constitution'.
D
The President in exercise of the power conferred upon him under
Article 341 has issued the Constitution (Scheduled Castes) Order,
1950. Paras (2) and (3) of this Order are material and they read
as follows:
"2. Subject to the provisions of this Order, the castes, races or
E
tribes or parts of or groups within caste or tribes specified in
Part I to XIII of the Schedule to this Order shall, in relation to
the States to which these parts respectively relate, be deemed
to be scheduled castes so far as regards members thereof
resident in the localities specified in relation to them in those
Parts of that Schedule. F
3. Notwithstanding anything contained in para 2, 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.
The schedule to this order in Part I sets out the castes, races or
tribes or parts of or groups within castes or tribes which shall in G
the different areas of the State of Andhra Pradesh be deemed to
be scheduled castes. One of the castes specified there is Madiga
caste and that caste must, therefore, be deemed to be a scheduled
caste. But by reason of clause (3 ), a person belonging to Madiga
1
(1976) 3 sec 411 H
386 SUPREME COURT REPORTS [2016] 4 S.C.R.

A caste would not be deemed to be a member of a scheduled caste
unless he professes Hindu or Sikh religion at the relevant time. J.!
is not necessary that he should have been born a Hindu or a
Sikh ....... "
(Emphasis supplied)
B 17. In S. A11bulagm1 v. B. Dev(lrajm1', which is a case pertaining
to election from Rasipuram Parliamentary Constituency (reserved for
Scheduled Castes), a three-Judge Bench of this Court at the end of para
13 has observed as under: -
"13 .............. Now, if such a Christian becomes a Hindu, surely
c he will revert to his original caste, ifhe had lost it at all. In fact this
process goes on continuously in India and generation by generation
lost sheep appear to return to the caste-fold and are once again
assimilated in that fold. This appears to be pat1icularly so in the
case of members of the Scheduled Castes, who embrace other
D religions in their quest for liberation, but return to their old religion
on finding that their disabilities have clung to them with great
tenacity. We do not think that any different principle will apply to
the case of conversion to Hindu ism of a person whose forefathers
had abandoned Hinduism and embraced another religion from the
principle applicable to the case of reconversion to Hinduism of a
E person who himself had abandoned Hinduism and embraced
another religion."
(Emphasis supplied)
18. In K11i/(lsfl So11kar v. Maya Devi', which arose out of election
from a reserved Assembly constituency in Madhya Pradesh, another
F
three-Judge Bench of this Court examined the question - whether the
loss of the caste is absolute, irrevocable so as not to revive under any
circumstance. After deriving the history of caste system, this Court
observed following guiding principle to determine the question in paragraph
28: -
G
"Where a person belonging to a scheduled caste is converted to
Christianity or Islam, the same involves loss of the caste unless
the religion to which he is converted is liberal enough to permit
the convertee to retain his caste or the family laws by which he
2
(1984) 2 sec 112
H '(1984) 2 sec 91
· MOHAMMAD SADIQUE v. DARBARA SINGH GURU 387
[PRAFULLA C. PANT, J.]

was originally governed. There are number of cases where A
members belonging to a particular caste having been converted
to Christianity or even to Islam retain their caste or family Jaws
and despite the new order they were permitted to be governed by
their old laws. But this can happen only if the new religion is
liberal and tolerant enough to permit such a course of action.
B
Where the new religion, however, does not at al I accept or believe
in the caste system, the loss of the caste would be final and
complete. fn a large area of South and some of the North-Eastern
States it is not unusual to find persons converted to Christianity
,•
retaining their original caste without violating the tenets of the
new order which is done as a matter of common practice existing c
from times immemorial. In such a category of cases, it is obvious
that even if a person abjures his old religion and is converted to a
new one, there is no loss of caste. Moreover, it is a common
feature of many converts to a new religion to believe or have
faith in the saints belonging to other religions. For instance, a number
D
of Hindus have faith in the Muslim saints, Dargahs, lmambadas
which becomes a part of their lives and some Hindus even adopt
Muslim names after the saints but this does not mean that they
have discarded the old order and got themselves conve11ed to
Islam".
E
19. In above Kailaslt Sonkar (supra) this Court fu1ther discussed
issue relating to reconversion into Hinduism by the members of the
community whose forefathers converted to other religions. Applying the
doctrine of eclipse, this Court observed as under: -
"34. In our opinion, when a person is conve11ed to Christianity or
some other religion the original caste remains under eclipse and F
as soon as during his/her lifetime the person is reconverted to the
original religion the eclipse disappears and the caste automatically
revives. Whether or not the revival of the caste depends on the
will and discretion of the members of the community of the caste
is a question on which we refrain from giving any opinion because G
in the instant case there is overwhelming evidence to show that
the respondent was accepted by the community of her original
Katia caste. Even so, ifthe fact of the acceptance by the members
of the community is made a condition precedent to the revival of
the caste, it wou Id lead to grave consequences and unnecessary
H
388 SUPREME COURT REPORTS [2016] 4 S.C.R.

A exploitation, sometimes motivated by political considerations. Of
course, ifapart from the oral views of the community there is any
recognised documentary proof of a custom or code of conduct or
rule of law binding on a particular caste, it may be necessary to
insist on the consent of the members of the community, otherwise
in normal circumstances the case would revive by applying the
B
principles of doctrine of eclipse. We might pause here to add a
rider to what we have said i.e. whether it appears that the person
reconverted to the old religion had been converted to Christianity
since several generations, it may be difficult to apply the doctrine
of eclipse to the revival of caste. However, that question does not
c arise here."
(Emphasis supplied)
20. In paragraphs SI and 52 in Kai/ash Sonkar (supra), on the
facts of said case, this Court gave following conclusions: -
D "SI. ............. ..
(1) That the respondent was born of Christian parents and was
educated in various schools or institutions where she was known
as a Christian,
(2) That 3-4 years before the election, the respondent was
E reconverted to Hinduism and married Jai Prakash Shalwar, a
member of the Katia caste, and also performed the Shudhikaran
ceremony,
(3) That she was not only accepted but also welcomed by the
important members, including the President and Vice-President,
F of~he community,

(4) There is no evidence to show that there was any bar under
the Christian religion which could have prevented her from
reconverting herself to Hinduism,
(5) Tlfat there was no evidence to show that even her parents
G had been Christian from generation to generation.
52. In these circumstances, therefore, this case fulfils the conditions
required for being reconverted to Hinduism from Christianity in
order to revive the original caste."
H 21. In K.P. Manu v. Scrunity Committee for Verification of
MOHAMMAD SADIQUE v. DARBARA SINGH GURU 389
[PRAFULLA C. PANT, J.]

Community Certificate, one of the questions examined by this Court A
is - whether on re-conversion, a person born to Christian parents could,
after reconversion to the Hindu religion, be eligible to claim the benefit
of his original caste. Referring to various case laws, including those
referred above, this Court disagreed with the finding of Scrutiny
Committee that caste certificate issued to a person on the basis of the
B
fact that though the great grandfathers of such person belonged to Pulaya
community (i.e. Scheduled Caste), but he was born after his ancestors
embraced Christianity and thereafter, reconverted into Hindu religion is
not entitled to the Scheduled Caste certificate. Constitution Bench
decision in Guntur Medical Collef(e (supra) and three-Judge Bench
decisions in S. A11balagan (supra) and Kai/as/I Sonkar (supra) are c
referred to and relied upon in K.P. Manu (supra).
22. In the case at hand, admittedly the appellant was born to muslim
parents. However, he has proved that his family members though followed
Islam but they belonged to "Doom" community. It is settled law that a
person can change his religion and faith but not the caste, to which he D
belongs, as caste has linkage to birth.· It is proved on the record that the
appellant was issued a caste certificate as he was found to be member
of'Doom' community by the competent authority, after he declared that
he has embraced Sikhism, and he was accepted by the Sikh community.
It is not disputed that 'Doom' in Punjab is a Scheduled Caste under
Constitution (Scheduled Castes) Order, 1950. The Scheduled Caste E
Certificate No. 6149 dated 25.08.2006 (Exh PG/2) was issued to the
appellant by the competent authority, and accepted by the returning
officer. Said certificate appears to have not been cancelled. What is
shown on behalf of the respondent is that vide communication dated
17.11.2008 (Ext. PJ) State authorities informed and clarified to the Deputy F
Commissioner that members following Islam are not entitled to the
certificate of Scheduled Caste, and if issued, certificates may be cancelled.
But the certificate (PG/2) dated 25.08.2006 already issued in favour of
appellant, is not cancelled, which he obtained after his conversion to
Sikhism. It is proved on the record that the appellant embraced Sikh
religion on 13.04.2006, and got published the declaration on 04.01.2007 G
in the newspapers Hindustan Times (English) Exh.RA, and Ajit (Punjabi)
Exh RB. Nomination for election in question was filed by him five years
thereafter. The appellant has further sufficiently explained that since he
was popular as a singer with the name - 'Mohammad Sadique' as such
'(201si 4 sec 1 H
390 SUPREME COURT REPORTS [2016] 4 S.C.R.

A without changing his name, he accepted Sikhism and followed all rites
and traditions ofSikhReligion.
23. It is not essential for anyone to change one's name after
embracing a different faith. However, such change in name can be a
corroborating fact regarding conversion or reconversion into a religion/
B faith in appropriate cases. Also it is not necessary ·in law that entire
family of a person should convert or reconvert to the religion to which
he has converted. RW-5 Mohammad Sadique has stated that he not
only followed Sikh traditions, he never offered Namaz, nor observed
Roza nor went to Haj. It is also relevant to mention here that PW-7
Darbara Singh Guru (respondent-Election Petitioner) in his cross-
c examination admits that he did not raise any objection at the time when
nomination papers were filed by the appellant.
24. In the above circumstances, we are inclined to hold that the
High Court has erred in law, by ignoring the above facts on the record,
and giving importance to form of declaration, and the interview said to
D have been given by appellant to PW 6 Guizar Singh Shaunki, author of
book - "Sada Bahar Gayak - Mohammad Sadique : Jeevan Te Geet"
(Exh.PK). Statement of the appellant as RW-5 regarding conversion to
Sikhism, is fully corroborated by RW-11 Darshan Singh, Ex-Sarpanch of
village Kupkalan, RW-6 Rachhpal Singh, SecretaryofGurudwara Sahib
E Kupkalan, RW-9 Ms. Sukhjeet Kaur, co-singer in Gurudwara, and RW-
14 Sant Shamsher Singh Jageda, who presented 'Saropa' to the appellant.
25. Having re-appreciated the evidence on record, as above, and
keeping in view the law laid down by this Court in Gu11tur Medic"/
College v. Y. Mo/um R"o', S. A11b"/agm1 v. B. Dev"rajan', and
F Kailasli Sonkar v. M"Y" DevP, in our opinion, the impugned judgment
passed by the High Com1 cannot be upheld.
26. Accordingly, the appeal is allowed, and the Election Petition
filed by the respondent is dismissed. No order as to costs.
Kalpana K. Tripathy Appeal allowed.
G

1
(1976)3 sec 411
2
(1984) 2 sec 112
' (1984) 2 sec 91