Judgment

WANCHOO, J.:-The is an appeal by special leave against the judgment of the Mysore High Court in an election matter. An election was held to the Bangalore South (Scheduled Castes) constituency in February 1962. Four persons stood for election including the appellant and Munichinnappa respondent No. 1, who obtained the highest number of votes and was declared elected. The appellant then filed an election petition challenging the election of respondent No. 1 on a number of grounds. In the present appeal we are concerned only with one ground, namely, that respondent No. 1 was not a member of any of the scheduled castes mentioned in the Constitution (Scheduled Castes) Order, 1950 (hereinafter referred to as the Order). Respondent No. 1 claimed that he belonged to the scheduled caste listed as Bhovi in the Order. The appellant on the other hand contender that respondent No. 1 was a Voddar by Caste and that Voddar was not a scheduled caste specified in the Order and consequently respondent No.1 could not stand for election from a scheduled caste constituency. The Election Tribunal held that the caste mentioned as Bhovi in the Order was a sub-caste amongst the Voddars and that only