Judgement

HIDAYATULLAH, J.:- This is an appeal under Section 116-A of the Representation of the People Act, 1951 against the judgment and order, July 24, 1967, of the High Court of Mysore in Election Petition No. 10 of 1967. The High Court has set aside the election of Laxman Siddappa Naik who is the appellant before us. The appellant had stood from Gokak constituency of the Mysore Legislative Assembly for a seat reserved for a member of the Scheduled Tribes specified in Part VIII, Para 2 of the Constitution (Scheduled Tribes) Order, 1950. Five others had filed nomination papers. The nomination paper of one Kaushalya Devi was rejected by the Returning Officer and one Bhimgouda Mallagouda Patil withdrew from the contest within the time permitted by the Act. There were thus four contesting candidates. The result of the poll was as follows :-

1. Shri Laxman Siddappa Naik 17,522

2. Shri Parasappa Hanmantha Karaing 7,044

3. Shri Patel Shivangowd Malgowd 6,996

4. Shri Kattimani Chandappa Jampanna 620

The election petition was filed by the last candidate who had received only 620 votes The main contention and on which his election petition in the High Court succeeded was that the appellant