Judgement

SARKAR, CJI. : These appeals arise out of an election to a seat in the West Bengal Legislative Assembly from the Khargram Murshidabad constituency reserved for members of the Scheduled Castes. The contestants at this election were Abhoy Pada Saha and Sudhir Kumar Mondal. Sudhir is admittedly a member of a Scheduled Caste. Abhoy Pada described himself in the nomination paper as " a member of the Sunri caste which is a Scheduled Caste". Sudhir objected to this nomination contending that Abhoy Pada did not belong to any Scheduled Caste. The objection was rejected by the Returning Officer. At the election which ensued, Abhoy Pada secured 16,730 votes and Sudhir, 15,523 and the former was consequently declared elected.

2. Sudhir then filed a petition challenging the validity of Abhoy Pada s election on various grounds. At the hearing of the petition by the Election Tribunal, however, he challenged the election only on the ground that Abhoy Pada was a member of the Saha caste and not a member of a Scheduled Caste. The Election Tribunal rejected this contention and dismissed the petition. Sudhir then appealed to the High Court at Calcutta which reversed the decision of the Tribuna