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Supreme Court of India 2016-04-29 allowed

Mohammad Sadique vs Darbara Singh Guru

Bench: 2 — Prafulla C. Pant

In Brief

Mohammad Sadique, born to Muslim parents of the 'Doom' Scheduled Caste community, converted to Sikhism in 2006 and filed nomination papers as a candidate from the reserved Assembly Constituency of Bhadaur (reserved for Scheduled Castes). The High Court disqualified him, holding that as a Muslim he could not claim Scheduled Caste status. The Supreme Court allowed his appeal, holding that caste is determined by birth, not religion. A person retains their original caste even if raised in or born to parents of a different faith. Upon genuine conversion to Sikhism (evidenced by following its customs and community acceptance), Sadique could reclaim his Scheduled Caste status under the doctrine of eclipse. His valid caste certificate, unrevoked at the time of election, confirmed his eligibility.

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Election Law Constitutional Law Scheduled Castes Religious Conversion Election Petition Caste Eligibility

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