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PETITIONER: KAILASH SONKAR

       Vs.

RESPONDENT: SMT. MAYA DEVI

DATE OF JUDGMENT16/12/1983

BENCH: FAZALALI, SYED MURTAZA BENCH: FAZALALI, SYED MURTAZA MISRA, R.B. (J) THAKKAR, M.P. (J)

CITATION:  1984 AIR  600            1984 SCR  (2) 176  1984 SCC  (2)  91        1983 SCALE  (2)1211  CITATOR INFO :  R          1984 SC1260  (16)

ACT:      Hindu law-Whether  a Hindu  on  conversion  to  another religion loses  she original  caste. Convertee  loses  caste unless  new   religion  accepts  caste  system  and  permits convertee to  retain his  original caste  and  family  laws. During conversion  original  caste  remains  under  eclipse- Ecliyse Disappears  on reconversion to original religion. On reconversion to  old  religion-Whether  the  original  caste revives-Factors which determine revival of original caste.      Representation  of   the  People   Act-Person  born  of Christian   parents-Educated   and   known   as   Christian- Reconverted to  Hinduism  voluntarily-Married  a  member  of scheduled caste-Performed  shudhikaran ceremony-Accepted and welcomed by  member of  that community  as scheduled  caste- Whether such  person can  contest state assembly election as member o  scheduled caste  from  constituency  reserved  for members of scheduled castes.

HEADNOTE:      In the  nomination papers  filed by  the respondent for contesting legislative  assembly elections in May, 1980 from a constituency  which was reserved for scheduled castes, she described  herself  as  belonging  to  the  scheduled  caste ’Katia’.  Several   persons  raised   objection   that   the respondent, being a Christian by birth, could not be treated as a  member of  the scheduled  caste. The Returning Officer rejected the  objection and  accepted her nomination papers. The respondent won the election defeating the appellant. The appellant having  unsuccessfully challenged  the election of the respondent  in the  High Court,  alleged in  this appeal that  the  respondent  after  being  born  a  Christian  was baptised according to Christian rites; her mother’s name was Elizabeth;  her  marriage  with  Jai  Prakash  Shalwar,  who belonged to  Katia caste, was not valid and even on marriage her caste  could not revive because caste was determined not by marriage but by birth. The respondent stated that she was never a  Christian nor  was she  born a  Christian. She also averred that  even her father or mother were not Christians. On the other hand, she always remained a member of the Katia

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caste and  was accepted  as such  by  the  members  of  that community because  her marriage with Jai Prakash Shalwar was performed according to Hindu rites of Aryasamaj sect and was attended by  a number  of  members  of  her  caste  and  due publicity was given to the marriage.      Dismissing the appeal, ^      HELD: It  cannot be  said that  at the  time  when  the respondent filed her nomination papers, she was not a member of the Katia caste. [199 G]      A  caste  to  which  a  Hindu  belongs  is  essentially determined  by   birth  and  if  a  Hindu  is  converted  to Christianity or any other religion which does not recognise 177 caste, the  conversion amounts  to a loss of the said caste. In considering  whether on  conversion the loss of the caste is absolute,  irrevocable so  as not  to  revive  under  any circumstance the  guiding principles are: (a) Where a person belonging to  a scheduled caste in 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 was  originally governed. There are a number of cases where  members belonging  to a particular caste having been converted  to Christianity  or even  to Islam  retained their caste  or family  laws 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,  and (b) In all other cases,  conversion to  Christianity or  Islam  or  any other religion  which does  not accept  the caste system and insists on relinquishing the caste, there is a loss of caste on conversion. [190C-F; 191 B]      The norms  and conditions  under which  a  caste  could revive on  reconversion to  the old religion as laid down by the authorities  of the  High Courts and this Court are: (1) where the  convertee exhibits  by his  actions and behaviour his clear  intention of abjuring the new religion on his own volition without  any persuasion and is not motivated by any benefit or gain, (2) where the community of the old order to which the  convertee originally  belonged is gracious enough to admit  him to  the original  caste either expressly or by necessary intendment,  and (3)  Rules of  the new  Order  in permitting the  convertee to  join the new caste. Unless the aforesaid conditions  are fulfilled  the loss  of  caste  on conversion is  complete and  cannot he  revived. But  having regard  to   the  present   set-up  and   the  circumstances prevailing in  our modern  society, it  will be difficult to insist on  the second condition, viz., the insistence on the members of the community of the caste to admit the convertee on reconversion  to the original caste because such a course of  action  may  lead  to  dangerous  consequence  and  ill- concieved exploitation. [191 C-G]      G.M. Arumugam  v. S.  Rajagopal & Ors., [1976] 3 S.C.R. 82; Sacred  Books of  the East (Vol. VIII) by F. Max Muller; Charlotte Abraham  and Daniel  Vincent  Abraham  v.  Francis Abraham,  9  M.I.A.  199:  Chaturbhuj  Vithaldas  Jasani  v. Moreshwar Parashram & Ors., [1954] S.C.R. 817; S. Anbalalagn v. B.  Devarajan &  Ors., [1984] I.S.C.R. Goona Durgaprasada Rao &  Anr. v.  Goona Sudarsanaswami & Ors., ILR 1940 Madras 653; G.  Michael v.  S. Venkateswaran,  AIR 1952 Madras 474; Dippala Suri  Dora v.  V.V. Giri  AIR 1958  A.P. 724; Wilson Reade v.  C.S. Booth  & Ors.  AIR 1958  Assam  128;  and  B. Shyamsunder v.  Shakar  Deo  Vedalankar  &  Ors.,  AIR  1960 Mysore, 27 referred to.

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    S. Rajagopal  v. C.M.  Armugam &  Ors., [1969] 1 S.C.R. 254, distinguished.      The main  test  for  determining  the  revival  of  the original caste on reconversion should be a genuine intention of the  reconvert to  abjure his new religion and completely dissociate himself  from it.  It may be added here that this does not mean that the reconversion should be only a ruse or a pretext  or a  cover to  gain mundane  worldly benefits so that the  reconversion becomes merely a show for achieving a particular purpose  whereas  the  real  intention    may  be shrouded in  mystery. The reconvert must exhibit a clear and genuine intention  to go  back to his old fold and adopt the customs and  practices of  the said fold without any protest from members of his erstwhile caste.[192C-E]      Ganpat v.  Returning Officer  & Ors.,  [1975] 2  S.C.R. 923, referred to. 178      When a  child is born neither has he an religion nor is he capable  of choosing  one until  he reaches  the  age  of discretion  and   acquires  proper   understanding  of   the situation. Hence, the mere fact that the parents of a child, who were  Christians, would in ordinary course get the usual baptism certificate and perform other ceremonies without the child knowing  what is  being done  but after  the child has grown up  and becomes  fully mature  and able  to decide his future, he  ought not  to be  bound by  what his parents may have done.  Therefore, in such cases, it is the intention of the convertee  which would  determine  the  revival  of  the caste. If  by his  clear and  conclusive conduct  the person reconverts to  his old faith and abjures the new religion in unequivocal terms his caste automatically revives. [192 G-H; 193 A]      Another dominant factor to determine the revival of the caste of  a convert  from Christianity  to his  old religion would be  that in  cases of election to the State Assemblies or the  Parliament where  under  the  Presidential  Order  a particular constituency  is reserved  for a  member  of  the scheduled caste or tribe and the electorate given a majority verdict in  his favour,  then this  would be doubtless proof positive of  the fact  that his  community has  accepted him back to  his old  fold and this would result in a revival of the original  caste to  which the  said candidate  belonged. [193 B-C]      When a  person is  converted to  Christianity  or  some other religion  the original caste remains under eclipse and as  soon   as  during   his/her  life-time   the  person  is reconverted to  the original religion the eclipse disappears and the caste automatically revives. [193 D]      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  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, if the fact of the  acceptance by  the members  of the community is made condition precedent  to the  revival of  the caste, it would lead to  grave consequences  and  unnecessary  exploitation, sometimes motivated  by political considerations. Of course, if apart  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 caste would revive by applying the principles of doctrine of eclipse. It may  be   added  that  where  it  appears  that  the  person

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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. [193 D-G]      In the  instant case,  on a full and complete appraisal of  the   oral  and   documentary  evidence,  the  following conclusions are inevitable: (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 reconverted to Hinduism  voluntarily 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, of the 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; and (5) that 179 there was no evidence to show that even her parents had been Christians  from   generation  to   generation.   In   these circumstances, therefore,  this case  fulfils the conditions required for being reconverted to Hinduism from Christianity in order to revive the original caste [198 G-H; 199 A-D]

JUDGMENT:      CIVIL APPELLATE JURISDICTION : Civil Appeal No. 3118 of 1981.      From the  Judgment and  Order dated the 25th September, 1981 of  the Madhya  Pradesh High Court in Election Petition No 2 of 1980.      U.R. Lalit and A.K. Sanghi for the Appellant.      G.B. Pai and Vineet Kumar for the Respondent.      The Judgment of the Court was delivered by      FAZAL ALI.  J. By  our Order dated October 20, 1983, we had dismissed the appeal. We now proceed to give our reasons for the same.      The victory of our long drawn struggle for freedom from the British  Yoke came to us after one and a half century of perpetual and  constant efforts  soaked in  cold  blood  and dipped in  supreme sacrifice.  The  historical  midnight  of August 15,  1947, which  ushered in  a new era, was merely a completion of  a phase  and not the end of an epoch but only the beginning of the end.      Soon thereafter  the  wise  wizards  and  the  founding fathers  of   our  Constitution  set  out  to  devote  their wholehearted attention  to devise ways, and means to give to our sub-continent  a solid  and  comprehensive  Constitution which may  solve  multifarious  and  manifold  difficulties, fulfil the  burning needs of the nation and sort out complex and complicated  problems  which  arose  after  our  hardwon freedom which  must have  baffled our leaders. There was the question of  achieving a  secular democracy,  the largest in the world,  based on  a socialist  pattern which would taken care of  all sorts  and kinds  of  people  having  different cultures, languages  and religions;  to confer and guarantee fundamental rights of citizens through mandatory provisions, to lay  down directive principles of State Policy which were to be  the guiding  spirit of the Constitution, the question of achieving  agrarian reforms by displacing the old British bureaucratic system  and substituting a new order, the issue of reconciling  the irreconcilable  and various other thorny and tricky matters. One

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180 of the important objectives to be translated into action was to take special care of the backward classes, members of the scheduled castes  and tribes  by bringing  them to  the fore through   pragmatic    reforms   and    providing   adequate opportunities  for   their  amelioration   and  development, education, employment and the like.      As Mahatma  Gandhi, father  of the  nation, said "India lives in villages" and so do the backward classes, hence the primary task  was to  take constructive  steps in  order  to boost up  these classes by giving them adequate concessions, opportunities, facilities and representation in the services and, last but not the least, in the electorate so that their voices and views, grievances and needs in the Parliament and State legislatures  in the  country may  be heard,  felt and fulfilled.      In this  election appeal  which has  been filed against the Judgment  dated October  25, 1981  of the  High Court of Madhya Pradesh, we are really concerned with the last aspect mentioned above.  Despite odds and ends our Constitution has made exhaustive provisions for difficult to say, for this is really a herculean task and one cannot expect miracles to be performed within  a span  of  three  decades  which  in  the history of  nations, is  not a very long period.  The knotty and difficult,  puzzling and  intricate issue  with which we are faced  is, to  put it shortly, ’what happens if a member of a  scheduled caste  or  tribe  leaves  his  present  fold (Hinduism) and  embraces Christianity  or Islam or any other religion’-does  this  amount  to  a  complete  loss  of  the original caste  to which he belonged for ever and, if so, it he or his children choose to abjure the new religion and get reconverted  to   the  old  religion  after  performing  the necessary rites  and ceremonies,  could the  original  caste revive ?  The serious  question posed  here  arose  and  has formed the  subject-matter of  a large  catena of  decisions starting from  the year 1861, traversing a period of about a century and  a half,  and culminating  in a decision of this Court in the case of G.M. Arumugam v. S. Rajagopal & Ors.(1)      The Constitution  has tried  to solve  the problem to a great extent  by the  Constitution (Scheduled  Castes) Order 1950 (hereinafter  referred to  as the  ’1950 Order’) issued under Art.  341, which  lays down  a list  of various castes prevailing in  the country  and the  norms to  determine the same. This Order has been amended from time to 181 time. In our opinion, despite a genuine attempt to solve the problem the  provisions do  not provide a complete answer to the judicial  interpretation by  this Court  which lays down the law  of the  land. It  is true  that the controversy has been narrowed  down  to  the  minimum  by  the  decision  in Arumuga’s case  (supra) still  there are some vital question which remain unanswered.      Before dealing  with  the  cases  on  the  subject  and starting the chapter of the issues involved in this case, it may be  germane to  give a  short  history  of  the  nature, character, origin  and background  of  the  controversy.  To begin with,  the caste  system actually  came into existence since the dawn of the civilized races in this country, viz., Dravidian  followed  by  Aryan  civilization  which  through Hinduism  divided   by  castes  into  three  clear-cut  sub- divisions  which  started  by  virtue  of  the  occupational pursuits followed  by the  various classes.  The priests and the scholars  were known  as the Bhrahmanas and looked after religious  ceremonies,   education,  etc.   This  Class  was supposed to  be the  highest Class  or atleast respected and

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regarded as  such. Then  came the  Kshatriyas who  were  the people engaged in fighting wars and ruling and administering the States.  Thirdly, there were the Vaisayas who carried on the occupation  of trade and commerce. The Sudras were added as the  fourth Class  after fusion of the pre-Dravidian with the Dravidian and Aryan civilizations which formed the basic fabric of  Hinduism and  the Hindu  society. This  Class was treated as  a little  inferior  and  suffered  from  certain disabilities.      In fact,  it seems  to us  that our large sub-continent was inhabited  by a very large variety of peoples and races- indigenous and  outsiders-consisting of  Scythians, Yavanas, Kirathas, Kambhojas  and Persians  and others  who  came  to India in  ancient times  and  got  mixed  up  with  the  old inhabitants of  the country  and thus  completely lost their identity. It  appears to us that all these races entered the wide and  broad fold  of  Hinduism,  which  is  not  only  a religion but  also a way or poetry of life, a philosophy, an exhaustive and ethical code of living which adapts-itself to all  forms   and  cultures.   In  view   of   this   complex intermingling of  various kinds  of people, as time went by, castes  started   multiplying,  and   in  this  process  the avocations and  occupations  followed  by  members  of  such castes from  generation to  generation   were labelled  as a separate  class  to  which  the  people  practising  various professions belonged  and this institution had come to stay. The origin, therefore of the fundamental basis of the castes has now  disappeared and  given rise  to  individualism  and separa- 182 tism as  a result  of which  it was  duly recognised  by all schools of  Hindu thought  that birth  alone would determine the caste  and this  principle would have to continue unless the concept  of caste  is banished for ever. In other words, it is  now well  settled-whether one  accepts it or not-that caste is  the result of birth and not of choice or volition. Without traversing  on any  controversial issue  and  coming back to  the origin  of the  caste system,  we would like to refer to  the most  authoritative pronouncements ordained by Lord Krishna  in Shree  Bhagvadgita which  would demonstrate that the  division of castes was made purely on the basis of inherent qualities  and avocations of a person and hence the question of  superiority between one or the other lay not on the nature of the caste but on their actions and deeds. This would be  illustrated by  a reference  to the actual text of Shri Bhagvadgita  as compiled  by F.  Max Muller in his book entitled ’Sacred Books of the East (Vol. VIII)’ and we would like to  extract  some  passages  and  injunctions  of  Lord Krishna illustrating  the vices  and virtues  of  men  where castes also  figure. In  Shloka 13,  Chapter 4  of  Bhagvada Geeta, Lord  Krishna clearly  proclaimed that  "Four Varnas, viz., Brahmanas,  Kshtriyas, Vaisyas and Sudras were created by him  on the basis of inherent qualities and avocations of a particular  individual". (Translated into English from the original text in Hindi). Further said Lord Krishna to the son of Kunti thus:      "Whatever you  do, O’Son  of Kunti:  Whatever you  eat,      whatever  sacrifices   you  make,  whatever  you  give,      whatever-penance you,  do that  as offered to me...I am      alike to  all beings; to me none is hateful, none dear.      But those  who worship  me with devotion (dwell) in me,      and I  too in  them. Even  if a  very ill-conducted man      worships me,  not worshiping  any  one  else,  he  must      certainly be  deemed  to  be  good,  for  he  has  well      resolved.. (You  may) affirm,  O son  of Kunti: that my

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    devotee is  never ruined.  For, O  son of  Pritha: even      those who  are of  sinful birth,  women,  Vaisyas;  and      Sudras likewise,  resorting to  me, attain  the supreme      goal. What  then (need  be said  of) holy Brahmanas and      royal saints who are (my) devotees ?"      These  passages   clearly  go   to  confirm   the  true philosophy of  Mahatma Gandhi that the Sudras or the members of the  scheduled  castes  are  Harijans  and  he  condemned untouchability and  the  habit  of  looking  down  upon  the scheduled caste people merely because 183 they belonged to the Sudra caste. Further, Lord Krishna goes on to ordain as follows:      "The duties  of Brahmanas,  Kshatriyas and Vaisyas, and      of  Sudras,   too,  O   terror  of   your  foes  !  are      distingushed according to the qualities born of nature.      Tranquility, restraint  of the senses, penance, purity,      forgiveness,  straight   forwardness,  also  knowledge,      experience, and belief (in a future world), this is the      natural duty  of  Brahmanas.  Valour,  glory,  courage,      dexterity, not  a  slinking  away  from  battle  gifts,      exercise of  lordly power,  this is the natural duty of      Kshatriyas. Agriculture,  tending cattle, trade, (this)      is the natural duty of Vaisyas. And the natural duty of      Sudras, too, consists in service. (Every) man intent on      his      own       respective      duties       obtains      perfection....Worshipping, by  (the performance of) his      own duty, him from whom all things proceed, and by whom      all this is permeated, a man obtains perfection."      In another chapter, Vidura is quoted as saying thus:      "I am born of a Sudra womb, and do not like to say more      than what  (I have said’). But the intelligence of that      youth, I  believe to  be eternal.  He who has come of a      Brahamana womb,  even though  he may  proclaim a  great      mystery, does  not thereby become liable to the censure      of the gods. Therefore do I say this to you."      In view  of  the  revealed  injunctions  in  the  Shree Bhagavadgita Mahatma Gandhi’s dream that all distinctions of castes and creed must disappear and man must be known by his action, to  whatever caste  he may belong, has been realised to some  extent and necessary provisions to this effect have been made  in the  Constitution in  order to  safeguard  the interests of the backward classes and members of the members of the  scheduled castes  and scheduled  tribes and perhaps, let us  hope, a day comes when the distinction between caste and creed disappears completely.      One of  the most  puzzling question that arises in this case is:           ’Is  membership   in  a   caste  or  tribe  to  be      determined solely  by birth  or by allegiance or by the      opinion of  its members  or of  the neighbourhood? Does      one lose his caste on conversion or by ex-communication      ? 184      The  decisions   to  which  we  would  we  would  refer hereafter have  thrown flood of light on these questions and the generally  accepted view  seems to  be the one which has been laid  down in  Charlotte  Abraham  and  Daniel  Vincent Abraham  v.  Francis  Abraham(1)  where  the  Privy  Council observed thus:      "It is plain that no rule as to such use and enjoyment,      which the  ancestors may  voluntarily have  imposed  on      themselves, could  be of  compulsory  obligation  on  a      descendant of  theirs; acquiring  his own  wealth. If a      Hindoo in  an undivided  family may  keep his  own sole

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    acquisitions  separate,   as  he   undoubtedly  may,  a      fortiori a  Christian may do the same ....If the spirit      of  an  adopted  religion  improves  those  who  become      converts to  it,  and  they  reject,  from  conscience,      customs  to   which  their  first  converted  ancestors      adhered, must the abandoned usages be treated by assort      of fictio  Juris as  still the  enduring customs of the      family."      So far as this Court is concerned, these questions were clearly answered in Chaturbhuj Vithaldas Jasani v. Moreshwar Parashram &  Ors.,(2) (hereinafter referred to as ’Jasani’s, case’ where a triple test was laid down thus:      "Looked at  from the  secular point  of view, there are      three factors which have to be considered:      (1) the  reactions of  the old body, (2) the intentions      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 is  only nominal  for all practical purposes      and when  we have  to consider  the legal and political      rights of  the old  body the  views of  the  new  faith      hardly matter...On  the other  hand, if 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 reconversion and readmittance to the old fold,      it would  be wrong  to hold  that he  can  nevertheless      claim temporal privileges and political advanta- 185      ges which  are special  to the  old order....  The only      modification here  is that  it is  not only  his choice      which must  be taken into account but also the views of      the body  whose  religious  tenets  he  has  renounced,      because here  the right we are considering is the right      of the old body, the right conferred on it as a special      privilege  to   send  a  member  of  its  own  fold  to      Parliament."      The observations cited above give the general test that can be applied in judging the question as to when a Hindu on conversion loses  his caste.  Although the test laid down by this case  is fully  supported by the original text of Hindu Law, it  does not  in so many words answer the other side of the picture,  viz., if  a Hindu  after conversion to another religion is  reconverted to  his original  fold,  could  his caste revive  ? In fact, the case cited above was not a case of conversion  from one religion to another religion or from one sect  to another  sect. By and large, the test laid down in that  case can  be usefully  applied with alterations and modifications to  suit the  facts of  a particular  case  in judging the  question whether  on conversion  the  caste  is completely lost.      The next  case which  throws some light on the question is S.  Rajagopal v.  C.M. Armugam  Ors.(1) In this case what had happened  was that  the appellant  (before  the  Supreme Court) had  filed his  nomination papers  for a constituency reserved for  members of the scheduled caste mentioned under the 1950  Order but  he was  defeated by respondent No. 1 of that case,  whose petition  succeeded. The contention in the petition was  that the  appellant was  not  a  Hindu  but  a Christian and  therefore not qualified to be a candidate for a constituency  reserved for scheduled caste. The High Court found as a fact that the appellant had become a Christian in 1949  and   his  later  reconversion  to  Hinduism  remained

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unproved. This Courts agreeing with the High Court dismissed the appeal.  One important feature of this case may be noted which would  at once distinguish this case from the facts of the present  case. The question as to whether a Christian on being reconverted  to Hinduism  would get back his caste did not arise  at all  in that  case because on the facts found, reconversion was  not proved.  Therefore,  the  question  of caste being  acquired or  being revived  on reconversion  to Hinduism did  not fall  for determination and was left open. Even so,  considering Jasani’s  case and  a number  of other texts, Bhargava, J. made 186 the following observations:           "Considering the question of entry into the caste,      Krishnaswami  Ayyangar,   J.,  held  that,  in  matters      affecting the well-being or composition of a caste, the      caste itself  is the  supreme judge.  It  was  on  this      principle that  a reconvert  to Hinduism could become a      member of the caste, if the caste itself as the supreme      judge accepted him as a full member of it."      While holding  that  if  a  person  is  reconverted  to Hinduism  and  the  community  of  the  caste  to  which  he originally belonged  accepts him,  his caste  would  revive; nevertheless the  question was  left open.  Rajagopal’s case (supra) merely reiterates what was held in Jasani’s case and does not go any further.      In our  opinion, there  is one  aspect which  does  not appear to have been dealt with by any of the cases discussed by us.  Suppose, A,  a member  of the  scheduled  caste,  is converted to Christianity and marries a Christian girl and a daughter is  born to  him who,  according to  the tenets  of Christian religion,  is baptised and educated. After she has attained the  age of  discretion  she  decides  of  her  own volition to  re-embrace Hinduism,  should  in  such  a  case revival of  the caste  depend on the views of the members of the  community   of  the   caste  concerned   or  would   it automatically revive  on her  reconversion if  the  same  is genuine and followed by the necessary rites and ceremonies ? In other  words, is  it not open for B (the daughter) to say that  because  she  was  born  of  Christian  parents  their religion cannot  be thrust  on her  when after attaining the age of  discretion and  gaining some  knowledge of the world affairs, she  decides to  revert to her old religion. It was not her  fault that  she was  born of  Christian parents and baptised at  a time  when she  was still  a minor  and  knew nothing about the religion. Therefore, should the revival of the caste  depend on  the whim or will of the members of the community of  her original caste or she would lose her caste for ever merely because fortunately or unfortunately she was born in a Christian family ? With due respect, our confirmed opinion is  that although  the views  of the  members of the community would  be an  important factor, their views should not be  allowed to  a complete  loss of the caste to which B belonged. Indeed, if too much stress is laid on the views of the members  of the community the same may lead to dangerous exploitation. Perhaps,  this factor  was present in the mind of Bhagwati, J., who delivered the leading judgment 187 in a  later decision  of this  Court in  G.M. Arumugam v. S. Rajagopal &  Ors.(1) where,  speaking for the Court, he made the following observations:           "It is  sufficient to  state that originally there      were only  four main  castes, but  gradually castes and      sub-castes multiplied  as the  social  fabric  expanded      with the  absorption  of  different  groups  of  people

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    belonging to  various cults  and  professing  different      religious faiths.  The caste system in its early stages      was quite  elastic but  in course  of time it gradually      hardened   into    a   rigid   framework   based   upon      heredity......But that immediately raises the question;      what is  a caste.  When we  speak of a caste, we do not      mean to  refer in  this context  to  the  four  primary      castes, but  to the  multiplicity of  castes  and  sub-      castes which  disfigure the  Indian social  scene.....A      caste is  more a  social combination  than a  religious      group.           But from that it does not necessarily follow as an      invariable  rule   that  whenever  a  person  renounces      Hinduism  and  embraces  another  religious  faith,  he      automatically ceases  to be  a member  of the  caste in      which he was born and to which he belonged prior to his      conversion.. .  If the  structure of  the caste is such      that  its  member  must  necessarily  belong  to  Hindu      religion, out  of the  caste, because no non- Hindu can      be in the caste according to its rules and regulations.      Where,  on   the  other  hand,  having  regard  to  its      structure, as  it has  evolved over  the years, a caste      may consist  not  only  of  persons  professing  Hindu-      religion  but   also  persons   professing  some  other      religion as  well, conversion  from  Hinduism  to  that      other religion  may not  involve loss of caste, because      even persons  professing such  other  religion  can  be      members of  the caste.........  This is  indeed not  an      infrequent phenomenon  in South India where, in some of      the castes,  even after  conversion to  Christianity, a      person is  regarded as  continuing  to  belong  to  the      caste.           There are  castes, particularly  in  South  India,      where this  consequence does  not follow on conversion,      since such castes comprise both Hindus and Christians. 188      These weighty  observations support the view that after reconversion the caste will normally revive. On the question whether  the  caste  will  revive  if  the  members  of  the community accepts  the reconvert,  the  Judges  are  silent. Although Bhagwati, J. held that prima facie on conversion to Christianity the respondent would not cease to belong to the Adi Dravida  caste, yet  he refrained  from  expressing  any final opinion on the point.      In a  recent decent decision of this Court S. Ambalagan v. B. Devarajan & Ors.(1) (which was also an election case), a three-Judge  Bench reiterated the principles enunciated by Arumugan’s case (supra) and observed thus:           "Unless  the   practice  of  the  caste  makes  it      necessary no  expiatory rites  need be  performed  and,      ordinarily, he  regains his  caste unless the community      does  not  accept  him.........The  practice  of  caste      however irrational  it may  appear to  our  reason  and      however repugnant it may appear to our moral and social      sense, is  so deep-rooted in the Indian people that its      mark does  not seem  to disappear  on conversion  to  a      different religion.  If it  disappears,  it  disappears      only to reappear on reconversion........           In fact,  this process  goes  on  continuously  in      India and generation by generation lost sheep appear to      return to  the castefold and are once again assimilated      in that fold. This appears to be particularly so in the      case of  members of  the Scheduled  Castes, who embrace      other religions  in their  quest  for  liberation,  but      return to  their old  religion on  finding  that  their

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    disabilities have clung to them with great tenacity.                                              (Emphasis ours)      The facts  of this case appears to be on all fours with the facts of the present case.      A number  of High Courts have also taken a view similar to the  one taken  in Arumugam’s case of 1976 (supra) basing mainly their decisions on the leading case of Jasani. In the case  of   Goona  Durgaprasada   Rao   &   Anr.   v.   Goona Sudarsanaswami &  Ors.,(2) a  Division Bench  of the  Madras High Court observed thus: 189           "It is  hardly right  for the  Court  to  erect  a      barrier which  the autonomy  of the  caste does not see      fit to  do, simply  because in some other caste or some      other community  it might  be considered proper that an      expiatory ceremony  should be  performed. That  a Hindu      having  renounced   Hinduism  once  can  revert  to  it      scarcely admits of doubt.      A Similar  view was  expressed  in  G.  Michael  v.  S. Venkateswaran(1) which may be extracted thus:           "A member  of one of the castes or sub-castes when      he is  converted to  Islam ceases to be a member of any      caste. He  becomes just  a Mussalman  find his place in      Muslim society  is not determined by the caste to which      he belonged before his conversion. Learned counsel also      conceded that  generally this is so even when there has      been a  conversion to  Christianity. But  he said  that      there were  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 other members of the caste who had not      been  converted........But   these  are  all  cases  of      exception and  the general  rule is conversion operates      as an  expulsion from  the  caste;  in  other  words  a      convert ceases to have any caste.      Thus, it  was clearly  hinted that  in some  cases even converts to  Christianity could retain their original caste. In the  case of Dippala Suri Dora v. V.V. Giri(2) a Division Bench of  the Andhra  Pradesh High  Court made the following observations:           "Even if  they come  within the  fold of Hinduism,      question would  arise whether they have formed separate      sect among  themselves, or they would belong to the 4th      class, or  to the  twice-born  class......In  order  to      prove that  he ceased  to be  a member  of that  tribe,      there should  be first  of all,  evidence of intention,      the reactions of the old body and that of the new body.      Viewed in the light of these observations, the evidence      discussed above,  in our  opinion, falls  short of  the      test. 190      This case  merely lays  down the triple test enunciated in Jasani’s  case. To  the same  effect are the decisions in the cases  of Wilson  Reade v.  C.S. Booth  & Ors.,(1) and B Shyamsunder v. Shankar Deo Vedalankar & Ors.(2)      On a  careful consideration of the authorities referred to above and the principles enunciated by them, the position that emerges may be stated thus:      It is  true that  caste to  which a  Hindu  belongs  is essentially determined  by birth and if a Hindu is converted to  Christianity  or  any  other  religion  which  does  not recognise caste,  the conversion  amounts to  a loss  of the said caste.      The question  that arises  for consideration is whether

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the loss  of the caste is absolute, irrevocable so as not to revive under  any    circumstances  ?  In  considering  this question the  courts have gone into the history of the caste system and  have formulated the following guiding principles to determine this question:-      (a) 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 was  originally  governed. There are  a number  of cases  where members  belonging to a particular caste  having been  converted to  Christianity or even to  Islam retain their caste or family laws 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. Where  the new  religion   however does  not at  all accept or believe in the caste system, the loss of the caste would be  final and  complete. In  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  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  of Hindus  have faith  in the Muslim Saints, Dargahs, Imam- 191 badas 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 converted to Islam      (b) In  all other  cases, conversion to Christianity or Islam or  any other religion which does not accept the caste system and  insists on  relinquishing the  caste, there is a loss of caste on conversion.      The other  important question  which is  to be answered and which  is really  the controversy in the present case is if after  a person  is converted  to a new religion - in the instant case,  Christianity - does his caste revive if he is reconverted to  his old  religion and,  if  so,  under  what circumstances ?  As indicated above, starting from the Privy Council to  the present-day,  authorities of the High Courts and this  Court have  laid down certain norms and conditions under which  a caste  could revive.  These conditions are as follows:-      (1)  where the  convertee exhibits  by his  actions and           behaviour his  clear intention of abjuring the new           religion  on   his  own   volition   without   any           persuasion and  is not motivated by any benefit or           gain,      (2)  where the  community of the old order to which the           convertee originally  belonged is  gracious enough           to  admit   him  to   the  original  caste  either           expressly or by necessary intendment, and      (3)  Rules of the new Order in permitting the convertee           to join the new caste.      Unless the  aforesaid conditions  are fulfilled  to the loss of  caste on  conversion  is  complete  and  cannot  be revived. In  our opinion having regard to the present set-up and the  circumstances prevailing  in our modern society, it will be  difficult to  insist on the second condition, viz.,

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the insistence  on the members of the community of the caste to admit the convertee on reconversion to the original faith because such  a course  of  action  may  lead  to  dangerous consequences and  ill-conceived exploitation.  The curse and cancer of  untouchability despite  thirty  years  of  social reforms still  persist and  no quarter  should be  given  to further persecution  of the  members of the scheduled castes who, as  we often  find,  are  subjected  to  all  kinds  of indignities 192 insults and are looked down upon as slaves or vassals, meant merely to serve the members of the higher caste. In the case of Ganpat v. Returning Officer & Ors (1) this Court speaking through Alagiriswami,  J. highlighted this particular aspect in the following words:           "The monstrous  curse of untouchability has got to      be eradicated.  It has  got to be eradicated not merely      by making constitutional provisions or laws but also by      eradicating it  from the  minds and  hearts of men. For      that  it   is  even  more  important  that  members  of      communities who  are untouchable  should  assert  their      self-respect and  fight for  their  dignity  than  that      members of  the other  communities should  forget about      it.      In our  opinion, the  main test  should  be  a  genuine intention of  the reconvert  to abjure  his new religion and completely dissociate himself from it. We must hasten to add here that this does not mean that the reconversion should be only a  ruse or a pretext or a cover to gain mundane worldly benefits so  that the reconversion becomes merely a show for achieving a  particular purpose  whereas the  real intention may be  shrouded in  mystery. The  reconvert must  exhibit a clear and  genuine intention  to go back to his old fold and adopt the customs and practices of the said fold without any protest from  members of  his erstwhile  caste. In  order to judge this  factor, it is not necessary that there should be a direct  or conclusive proof of the expression of the views of the  community of  the erstwhile  caste and  it would  be sufficient compliance  of this  condition if no exception or protest is  lodged by  the community  members, in which case the caste  would revive on the reconversion of the person to his old religion.      Another aspect which one must not forget is that when a child is  born neither has he any religion nor is he capable of choosing  one until  he reaches the age of discretion and acquires proper  understanding of  the situation. Hence, the mere fact  that the parents of a child, who were Christians, would in  ordinary course  get the usual baptism certificate and perform  other ceremonies without the child knowing that is being  done but  after the child has grown up and becomes fully mature  and able  to decide his future he ought not to be bound  by what  his parents  may have done. Therefore, in such cases, it is the intention of the convertee which would determine 193 the revival  of the  caste. If  by his  clear and conclusive conduct the  person reconverts  to his old faith and abjures the  new   religion  in   unequivocal   terms,   his   caste automatically revives.      Another dominant factor to determine the revival of the caste of  a convert  from Christianity  to his  old religion would be  that in  cases of election to the State Assemblies or the  Parliament where  under  the  Presidential  Order  a particular constituency  is reserved  for a  member  of  the scheduled caste or tribe and the electorate gives a majority

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verdict in  his favour,  then this  would be doubtless proof positive of  the fact  that his  community has  accepted him back to  his old  fold and this would result in a revival of the original caste to which the said candidate belonged.      In  our   opinion,  when   a  person  is  converted  to Christianity or  some  other  religion  the  original  caste remains under  eclipse and  as soon  as during his/her life- time the  person is reconverted to the original religion the eclipse disappears  and  the  caste  automatically  revives. Whether or  not the  revial 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 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,  if  the  fact  of  the acceptance by  the  members  of  the  community  is  made  a condition precedent  to the  revival of  the caste, it would lead to  grave consequences  and  unnecessary  exploitation, sometimes motivated  by political considerations. Of course, if apart  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 caste would revive by applying the principles of doctrine of eclipse. We might pause  here to add a rider to what we have said, i.e., where 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 arise here.      Coming now  to the  facts and  evidence of  the present case the position may be briefly stated as follows:      The appellant,  an M.A., LL.B. from Jabalpur University had contested  election from the Madhya Pradesh Vidhan Sabha (here- 194 inafter referred  to  as  ’Vidhan  Sabha)  from  Legislative Assembly constituency  No. 195  in the  general election  of 1977 as  a Janata  Party Candidate  which was  reserved  for Scheduled Caste  under Art.  332 of  the Constitution  being item No.  30 of Part IX-Madhya Pradesh of the 1950 Order. He was declared  elected defeating his nearest rival candidate, one Ramprasad  Choudhary, a  Congress candidate.  The Vidhan Sabha was,  however, dissolved  in February 1980 after which general elections for all the constituencies were to be held afresh, as  notified in  the Gazette,  in the  month of  May 1980.  The  last  date  for  filing  nomination  papers  was 2.5.1980, the  date of  scrutiny was  3.5.80 and the polling took place  on 31.5.80. The results were declared on 2.6.80. In this  election, the  appellant submitted  his  nomination papers as an Independent candidate from constituency No. 195 (Jabalpur East)  and was  opposed by  Smt. Maya Devi Shalwar (hereinafter referred  to as  ’Maya  Devi’)  who  filed  her nomination papers as a Congress (I) candidate. She described herself as belonging to the scheduled caste ’Katia’ which is mentioned at  serial No. 29 of Part IX-Madhya Pradesh of the 1950 Order.  In view of the short and narrow compass of this appeal we are not concerned with other candidates.      It may  be mentioned  that originally the caste ’Katia’ was not  included in  the list  of scheduled castes till the year 1977  but by  the Scheduled Castes and Scheduled Tribes Order (Amendment)  Act, 1976  (Act  No.  108  of  1976)  the schedule was amended and replaced by a new Schedule in which Katia caste  was included  as a scheduled caste and shown at

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serial No.29.      It appears  that at  the time  of the  scrutiny of  the nomination papers  of  Maya  Devi,  several  persons  raised objection that she, being a Christian by birth, could not be treated as a member of the scheduled caste and therefore her declaration as  a scheduled  caste candidate was false which merited dismissal of her nomination papers. The case of Maya Devi was  that she  was a  member of  the scheduled caste by birth and her husband, Jai Prakash Shalwar, also belonged to the Katia  caste. She  denied that  she was  a Christian  by birth and averred that her father’s name was not John Wesley as alleged  by the appellant. Her plea found favour with the Returning Officer  who accepted her nomination papers. After the poll,  Maya Devi  received  majority  of  votes,  having secured 16,770  votes, and  was declared  elected,  and  the appellant lost the election.      It was  further alleged by the appellant that Maya Devi after 195 being born  a Christian  was baptised according to Christian rites and  her mother’s  name was  Elizabeth. The  appellant also averred  that Maya  Devi’s marriage  with  Jai  Prakash Shalwar  was   not  a   recognised  form  of  marriage  and, therefore, not  valid. A  number of  other pleas  were  also taken by  the appellant  in his petition but Mr. U.R. Lalit, appearing on  his behalf,  confined  his  arguments  to  two important questions:      (1)  whether Maya  Devi having  been born  of Christian           parents lost  the katia  caste to which she or her           ancestors originally belonged ? and      (2)  that after  being baptised  she continued  to be a           Christian  and   was  shown  as  such  in  various           documents.      In this  view of  the matter it was contended that even if she  married Jai  Prakash Shalwar  who belonged  to Katia caste,  her   caste  could   not  revive  because  caste  is determined not by marriage but by birth.      In proof  of his pleas, the appellant adduced both oral and documentary  evidence. The  allegations made by him were denied by  the respondent  who categorically stated that she was never a Christian nor was she born a Christian. She also averred that  even her father or mother were not Christians. On the other hand, she always remained a member of the Katia caste and  was accepted  as such  by  the  members  of  that community because  her marriage with Jai Prakash Shalwar was performed according to Hindu rites of Aryasamaj seet and was attended by  a number  of  members  of  her  caste  and  due publicity was given to the marriage.      Both the  parties have  adduced evidence  in support of their cases.  One important  fact which may be noted here is that the  father of the respondent John Wesley who according to Maya Devi was. John Wesley singh, in spite of being cited as a witness did not enter the witness box to throw light on the origin  of the  religion of  the respondent  and a  huge capital  has   been  made  of  the  non-appearance  possible circumstance to discredit the case of the respondent.      It is  true that  the father  of the respondent was not examined as a witness but having regard to the nature of the documents produced 196 by the  parties the  mere fact  that  John  Wesley  was  not examined as a witness is not sufficient to throw the case of the respondent  aboard. It  is also true that the respondent was ill-advised  to deny the entire case of the appellant by making an  averment that  she  was  not  born  of  Christian

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parents at  all. We would, therefore, take it as established that  the  respondent  was  undoubtedly  born  of  Christian parents. That  by itself  does not  advance the  case of the appellant any  further because  if it is proved that she was voluntarily reconverted  to Hinduism  then according  to the law referred  to us  and applied to the facts of the present case on  reconversion her original caste would automatically revive. We  would give  a brief summary of the nature of the evidence produced by the parties on this limited question.      To begin  with the  appellant has  relied on  the birth certificate (Ex.  P-21) which  shows that a female child was born to  John Wesley’s  wife on 4.6.1947. It is also clearly mentioned therein that John Wesley was a Christian. This was followed by  a baptism  certificate which shows that she was baptised  according  to  the  religious  ceremonies  of  the Christians. The  appellant also produced a Church membership certificate  to   show  that   Maya  Isabella   John  Wesley (respondent) was  baptised and  admitted as  a member of the City Methodist  Church in  Southern Asia at Jabalpur, Madhya Pradesh. The  school  transfer  certificate  dated  6.6.1956 shows that  Maya Isabella  John Wesley  was a  Christian and remained a  student of  Peeli Kothi  Girls  Primary  School, Jabalpur from  1.7.1952 to  30.4.1956, and her date of birth in this  certificate has  been shown as 4.6.1947 which fully tallies  with   her  birth   certificate.  In  view  of  the overwhelming evidence referred to above, it is not necessary for us  to consider  the oral and documentary evidence which conclusively proves-(1)  that the  parents of the respondent were Christians  and  (2)  that  after  her  birth  she  got baptised and  remained a  Christian, and therefore it cannot be denied  that the  respondent was  born a Christian and in this view  of the  matter the moment she entered the fold of Christianity, her  original caste  was completely  lost. The respondent in her anxiety to succeed has overstated her case by wrongly  alleging that  she was  never born  of Christian parents or  that her  parents were  not Christians,  a  fact which is  completely falsified  by the  oral and documentary evidence produced by the appellant.      Accepting,  therefore,   the  evidence   led   by   the appellant, the vital question for determination in this case remains as  to whether or not the respondent was voluntarily reconverted to  Hinduism and  thereupon her  caste  revived. There is clear and unimpeachable 197 evidence to show that the respondent had reconverted herself to Hinduism  voluntarily and  with full publicity, making no secret of  this fact.  A letter  appearing at page 22 of the Paperbook shows  that she  accepted Hindu  religion with all its customs  and rites voluntarily. The relevant part of the letter reads thus:           I am  prepared to  own  Hindu  religion  with  all      sincerity and to follow all its customs and rites.           Today, on  6.11.76 I  am fully  major.  Hence  the      above  decision  is  of  my  own  wherein  no  external      interference exists."      Immediately thereafter  she  was  married  to  one  Jai Prakash Shalwar  and the marriage certificate dated 14.11.76 fully corroborates this fact (page 24 of the Paperbook). The Marriage certificate  states that  the marriage of Maya Devi with Jai  Prakash was  performed on  6.11.76 in  Arya  Samaj Gorakhpur according  to  vedic  rites.  Another  certificate issued by the Secretary of the Arya Samaj, Gorakhpur is also to the  same  effect.  The  aforesaid  documents  are  amply corroborated by the oral evidence led by the respondent.      The evidence  of Darshanlal  Dharmak  deserves  special

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mention because  this witness  was a  prominent  member  and President of the Katia community for the last two-and-a half years. The  witness goes  on to  state that the marriage was celebrated in  the presence  of 80 persons of his community, including elderly  people and  his presence  at the marriage clearly indicates  that the community had fully accepted the respondent back to her caste. The marriage was followed by a reception 3-4  days later which was attended by this witness also and at that time nobody raised any objection about Maya as not belonging to the Katia community. The witness further states that  he had  gone to the house of the respondent and that members  of the  community had  come to  celebrate  the birthday of her child.      It would  appear from  the evidence  of Bhaiyalal  Nag, another witness produced by the respondent, that there was a Katia Samaj  Sanstha in  Madhya Pradesh which was registered under the Societies Registration Act and the witness was the Vice-President of  this organisation.  He  states  that  Jai Prakash was  known to him and belonged to his caste and that he was  married to  Maya Devi.  He further  states  that  no objection  was   raised  in   the  Organisation  about  this marriage.  He   further  stated  that  Maya  Devi  had  been attending number  of marriages in his caste. He makes a very stark statement which is 198 fully supported  by the  Abhinandan Patra  and his statement may be extracted thus:           "We mentioned  her in  this  Abhinandan  Patra  as      belonging to  Katia caste  as we  were proud as she was      the first M.L.A. in our caste.      Ex. D-1A  is the  Abhinandan Patra  given to  Maya Devi some time  in the  year 1977-78,  i.e. 3  years  before  the elections. Furthermore,  there is  the  evidence  of  Keshav Prasad Pathak  which is rather important. His evidence shows that a  joint application was made by the respondent and her husband regarding  their consent to the marriage. He further stated that  before the  parties are  married, if  either of them is  not a  Hindu then he is first converted to Hinduism (Shudhikaran) by  religious rites  performed  in  accordance with the  Arya Samaj rites. He proves the applications given by the  respondent and  her husband  (Ex. P-8 and 9). He has further  stated   that  the  marriage  ceremony  is  usually performed before  the members  of the Executive Committee of the Arya  Samaj. He further defines the term ’Shudhikaran to mean "Convert  non-Hindu to Hinduism. He goes on to say that the marriage  was celebrated  at the Arya Samaj according to vedic ceremony which included Sapta-padi and Havan.      The appellant himself in his statement admitted that in Jabalpur there are five-six thousands people of katia caste. He further admitted that he did not make any enquiries about the parents  or the  place of residence of Elizabeth, mother of the  respondent. He  further admits  at page  87  of  the Paperbook that in 1978 he was taken by Shri Dharmak as Chief Guest in  the Conference  of Katia  Samaj. A  suggestion was made to  him that  he was  present when  the Katia community honoured the  respondent on  her victory  in  the  election. Reading in  between the  lines of  his evidence  it is clear that he  was  fully  aware  that  the  respondent  had  been reconverted to  Hinduism and  had been accepted by the Katia community.      On a  full and  complete  appraisal  of  the  oral  and documentary  evidence,   the   following   conclusions   are inevitable:      (1)  That the  respondent was born of Christian parents           and   was   educated   in   various   schools   or

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         institutions where she-was known as a Christian,      (2)  that 3-4 years before the election, the respondent           was 199           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, of the 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)  that there  was no  evidence to show that even her           parents had  been Christians  from  generation  to           generation.      In these  circumstances, therefore,  this case  fulfils the conditions  required for  being reconverted  to Hinduism from Christianity in order to revive the original caste.      Under cl. (3) of the 1950 Order only two conditions are required for  being eligible  for  election  to  a  reserved constituency-      (a)  that the  candidate should  not profess a religion           different from the Hindu or the Sikh religion, and      (b)  that the  candidate is a member of scheduled caste           as shown in the schedules.      In the  instant case, it is not disputed that the Katia caste is  mentioned as  a scheduled  caste in part IX of the 1950 Order and shown at serial Number 29.      Having regard  to the circumstances discussed above, it cannot be  said that  at the  time when the respondent filed her nomination  papers, she  was not  a member  of the Katia caste.      For the  reasons given  above, the judgment of the High Court is  affirmed and  the appeal  is dismissed  but in the circumstances without any order as to costs. H.S.K.                                  Appeal dismissed 200