DADAJI ALIAS DINA Vs. SUKHDEOBABU

JUDGEMENT

(1.) THIS appeal is filed under Section 116-A of the Representation of the People Act, 1951 (Act No. 43 of 1951) (hereinafter referred to as 'the Act') against the judgment of the High Court of Bombay (Nagpur Bench) in Election Petition No. 2 of 1978 by which the election of the appellant to the Maharashtra Legislative Assembly from the Armori Constituency (No. 151) in Chandrapur District at the general election held in February, 1978 was set aside. The Armori Constituency was reserved for Scheduled Tribes. The appellant and respondents Nos. 1 to 4 were the candidates at the election. As the appellant secured the highest number of votes, he was declared as having been elected by the Returning Officer. In his nomination paper, the appellant declared that he belonged to 'Mana' Community. Respondents Nos. 1, 2 and 4 declared themselves as belonging to 'Pradhan' community and respondent No. 3 claimed that he belonged to 'Raj Gond' community. After the result of the election was declared, respondent No. 1 who had secured the next highest number of votes at the election filed an election petition under Section 81 of the Act before the High Court of Bombay calling in question the election of the appellant. One of the grounds urged in the petition was that the appellant did not belong to any of the Scheduled Tribes specified in Part IX of the Schedule to the Constitution (Scheduled Tribes) Order, 1950 (hereinafter referred to as 'the Order') as it stood at the time of the election and was not, therefore, qualified to be chosen to fill the seat which was reserved for Scheduled Tribes. It was alleged that the appellant belonged to Kshetriya Bidwaik Mana community and not to the 'Mana' community referred to in Entry No. 18 of Part IX of the Schedule to the Order. Respondent No. 1 also claimed that in the event of the appellant's election being declared as void, the Court should make a declaration that he (respondent No. 1) himself had been duly elected. The High Court upheld the contention of respondent No. 1 that the appellant did not belong to any of the Scheduled Tribes referred to in Part IX of the Schedule to Order and declared his election as void. The other prayer made by respondent No. 1 that he should be declared as elected was, however, rejected. Aggrieved by the judgment of the High Court, the appellant has come up in appeal to this Court.

(2.) IT should be mentioned at this stage that in the general election held in the year 1967, the appellant was declared as a successful candidate from the very same constituency which was a constituency reserved for Scheduled Tribes at that time also and that on an election petition being filed against the appellant, the High Court held that he did not belong to any of the Scheduled Tribes mentioned in the appropriate part of the Schedule to the Order at that time and therefore he was not qualified to contest the election. Accordingly his election was set aside. In the appeal filed before this Court, the judgment of the High Court was affirmed vide Dina v. Narayan Singh, (1968) 38 Ele LR 212 (SC). In the course of the decision of this Court, it was held that the appellant belonged to 'Kshetriya Bidwaik Mana' community and not to the 'Mana' community referred to in Entry No. 12 of Paragraph 5 of Part VII-A of the Schedule to the Order as it stood at the time of the said election for the reason to which we shall advert hereafter.

(3.) THE 30th tribe amongst the tribes included within the broad classification of "Gond' tribe is 'Mana' tribe. As mentioned earlier, the claim of the appellant that he belonged to the said tribe in the previous case was negatived. In August, 1967, a Bill was introduced in the Lok Sabha proposing to amend the Schedule to the Order. By that Bill, it was proposed to substitute the Schedule to the Order as it stood then by a new Schedule. Part VIII of the new Schedule related to Maharashtra. Entry No. 22 in that Part read as follows:- <FRM>JUDGEMENT_621_1_1980Html3.htm</FRM>