ORDER

The question as to interpretation of Section 116A of the Representation of the People Act, (hereinafter referred to as "the Act") falls for consideration in this appeal which arises out of a judgment and order dated 31-07-2002 passed in Misc. Case No. 28/01 in Election Petition No. 17/2001 whereby and whereunder the election petition filed by the appellant herein was dismissed.

2. The last general election for Assam Assembly was held in May 2001. Abhayapuri South Legislative Assembly Constituency is a reserved constituency. The respondent herein filed his nomination for contesting election from the said constituency. On the date of scrutiny of nominations, an objection was made that the respondent was not a member of the Scheduled Caste and, therefore, his nomination was liable to be rejected. However, the Returning Officer overruled this objection. The respondent having received majority of valid votes in the election was declared a member of the Legislative Assembly from Abhayapuri South (35) Legislative Assembly Constituency. The appellant herein who was an elector of the aforesaid Assembly filed Election Petition No. 17 of 2001 before the Gauhati High Court challenging the