Judgment

MITTER, J.: In the election petition out of which the present appeal arises the main question canvassed was, whether the nomination paper of respondent No. 8 (appellant No. 2 before this Court) was wrongly rejected. It is admitted that if the rejection was wrong, the election cannot stand.

2. The petitioner challenged the election to the Lambi Assembly Constituency (reserved seat) in the district of Ferozepore. There were eight candidates, the first respondent being the returned candidate. The petition was filed by one of the unsuccessful candidates impleading the other seven candidates, and Kishan Lal whose nomination paper was rejected. According to the petitioner, Kishan Lal was a Hindu and being a Chamar by caste he belonged to a scheduled caste within the meaning of paragraph 2 read with Part X of the Constitution (Scheduled Castes) Order 1950 issued under Article 341 of the Constitution: he had filed a declaration under Section 33 (2) of the Representation of the People Act, stating his caste to be Chamar covered by item 9 in Part X (Punjab) of the Schedule to the Order. The said item reads as follows:-

"Chamar, Jatia Chamar, Reghar, Raigar, Ramdasi or Ravidasi."

It was