Judgement

BHARGAVA , J. : The appellant, S. Rajagopal, the respondent C. M. Armugam, and the other three respondents all filed nominations for election to the Legislative Assembly of the State of Mysore in the last General Elections held in 1967. The nomination papers were scrutinised on 21st January 1967, when respondent No. 1 (hereinafter referred to as "the respondent") raised an objection against the nomination of the appellant on the ground that the nominations were in respect of a seat reserved for a member of a Scheduled Caste, and the appellant was not an Adi Dravida Hindu, but an Indian Christian, so that he was disqualified to stand as a candidate for this reserved seat. The Returning Officer rejected the objection and accepted nomination paper of the appellant. Respondents Nos. 2 to 4 withdrew their candidature, so that, when actual election took place, the two contesting candidates were the appellant and the respondent. The Constituency concerned was Kolar Gold Fields and polling in that constituency took place on 15th February, 1967. The appellant was declared as the successful candidate on the ground that he received a larger number of votes than the respondent. The re