BSHYAMSUNDER Vs. SHANKAR DEO VEDALANKAR

JUDGEMENT

(1.) This appeal presented under the provisions of S. 116-A of the Representation of the People Act concerns an election to the House of the People from the Gulbarga Parliamentary Double Membership Constituency to fill a reserved seat. This election was held in March, 1957. Respondent 1 and the appellant were to two candidates for that reserved seat. Respondent one was declared to have been duly elected, whereupon the petitioner presented an election petition under the provisions of S. 80 of the Representation of the People Act, calling in question therefore validity of the election of respondent 1. That election petition was heard by an election Tribunal appointed for that purpose. The Tribunal dismissed the election petition and the appellant appeals to this Court from that decision.

(2.) Respondent one was by birth a Hindu and belonged to a caste known as the Samgar Caste. This caste was specified as a scheduled caste by the President by an order made under Art. 341 of the Constitution, which was called the Constitution (Scheduled Castes) Order, 1950, as modified by another order made under the provisions of S. 41 of the States Reorgranisation Act 1956, called the Scheduled Casts and Scheduled Tribes Lists (Modification) Order, 1956.

(3.) In the nomination paper presented by respondent one to the Returning Officer, he described himself a belonging to the Samgar Caste and the appellant's objection to the validity of that nomination paper was overruled by the Returning Officer.