Friday, November 24, 2000,
Chandigarh, India






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SAD minister’s election quashed
By Our Legal Correspondent

CHANDIGARH, Nov 23 — The Parkash Singh Badal government suffered a serious setback today when the election of Mrs Satwant Kaur Sandhu, Minister for Printing and Stationery, who is MLA from the Chamkaur Sahib constituency, was set aside today by Mr Justice Amar Dutt of the Punjab and Haryana High Court, holding that she was not eligible for contesting the election from the Chamkaur Sahib (Reserved) constituency. The Judge also declared Mr Sohan Singh, the petitioner, as deemed to have been elected unopposed.

In the election petition, Mr Sohan Singh had taken the plea that Ramdasia caste was not recognised as a Scheduled Caste in the Schedule appended to the Constitution (Scheduled Caste) Order, 1950, and that after rejection of the papers of other contestants, apart from the returned candidate, he was the only Scheduled Caste candidate and the returning officer was obliged to declare him elected unopposed.

The respondent, Mrs Sandhu, had stated that she belonged to the Ramdasia caste as is apparent from the certificate by the competent authority.

The Judge observed that the contest was precipitated by the wrong interpretation given to the 1950 Scheduled Caste Order by the returning officer and that Ramdasia caste was not recognised as a Scheduled Caste in the Constitution. After rejection of the papers of other contestants, apart from the returned candidate, who also belong to the same caste, the petitioner was the only Scheduled Caste candidate left in the fray.

The Judge held that since respondent No 3 did not fulfil the qualification required of a Scheduled Caste candidate as prescribed under Section 33(2) of the Representation of the People Act, therefore, he was of the considered view that on the date of nominations, Mrs Satwant Kaur Sandhu was not qualified to be chosen to fill the Chamkaur Sahib constituency under the Constitution of India.
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