KATTIMANI CHANDAPPA JAMPANNA Vs. LAXMAN SIDDAPPA NAIK

JUDGEMENT

(1.) In the General Elections held in February 1967, No 192 Gokak Assembly Constituency was reserved for members of the Scheduled Tribes specified in para 2 of Part VIII of the Constitution (Scheduled Tribes) Order. 1950 hereinafter called the 'Scheduled Tribes Order' The petitioner. Respondents 1 to 3 and two others had filed nominations for the reserved seat. The petitioner objected before the Returning Officer to the Respondents' nominations on the ground that they were not qualified to be chosen to fill the reserved seat since they were not members of any of the specified Scheduled Tribes and that in fact they belonged to the 'Bedar' caste. The Returning Officer overruled the said objection and accepted the nominations of the respondents as also of one Bhimgouda Mallgouda Patil who subsequently withdrew from the contest within the time allowed under Section 37 of the Representation of the People Act, 1951, hereinafter called the 'Act'. It may be mentioned that the nomination of one other candidate viz., one Kaushalya Devi was rejected by the Returning Officer. Thus the petitioner and the respondents were the four contesting candidates in the elections held on 15th February 1967.

(2.) In the poll held the result of which was declared on February 22, 1967, Respondent No. 1 Laxman Siddappa Naik was declared to have been duly elected to fill the seal in the Gokak Assembly Constituency reserved for Scheduled Tribes.

(3.) On April 7, 1967 the petitioner preferred the above Election Petition challenging the election on the ground that the Respondents were not qualified to fill the seal reserved for the Scheduled Tribes and that the Returning Officer had improperly and illegally accepted their nominations; he has prayed for the relief of declaration that the election of Respondent No. 1 the returned candidate is void and Further, that the petitioner may be declared to have been duly elected.