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CASTE OF BHOVI AND VODDAR IN KARNATAKA

In B. Basavalingappa v. D. Munichinnappa [1965] 1 S. C. R. 316. the relevant facts were that M who was elected from a Scheduled Castes constituency claimed to belong to the Bhovi caste which was one of the Scheduled Castes mentioned in the Constitution (Scheduled Castes) Order, 1950 issued by the President under Art. 341 of the Constitution. In an election petition it- was claimed that M belonged to the Voddar caste which was not mentioned in the Order and that on- that account M was not entitled to stand for election from Scheduled Caste constituency. Evidence was led before the Election Tribunal that Bhovi was a sub-caste of the Voddar caste and as M did not belong to the Bhovi sub-caste he could not stand for election from the constituency. The High Court in appeal held that although Voddar, caste was not included in the Order, yet considering the facts and circumstances in existence at the time when the Order was passed in 1950, the Bhovi caste mentioned in the order was the same as the Voddar caste. In appeal to Supreme Court it was contended that the High Court was wrong in considering the evidence and then coming to the conclusion that the caste Bhovi mentioned in the Order was meant for the caste Voddar and that the Tribunal' should have declined to allow evidence to be produced which would have the effect of modifying the Order issued by the President. Supreme Court held that the evidence clearly showed that in 1950 when the Order was passed there was no caste in the then Mysore State which was known as Bhovi and the Order could not have intended to recognise a caste which did not exist. It was therefore necessary to find out which caste was meant by the use of the name Bhovi and for that purpose evidence was rightly recorded by the Tribunal and acted upon by the High Court. Supreme Court accordingly confirmed the, view of the High Court.

KARNATAKA LAND LAWS