Judgment

HIDAYATULLAH, C.J.I. :- This appeal arises from the decision of the Andhra Pradesh High Court dated August 21, 1967 by which an election petition filed by the present appellant Goka Ramalingam to question the election of the answering respondent Boddu Abraham was dismissed. The matter concerns the Cheriyal (Scheduled Caste) constituency in the election to the Andhra Pradesh Legislative Assembly held in February 1967. Three candidates had offered themselves for election. Two of them we have already named, the third is one Devadanam. The answering respondent obtained 15000 and odd, appellant-election petitioner 12000 and odd and Devadanam 7000 and odd votes. The election petition was based only on one issue, namely, that the respondents who had stood for a scheduled caste Reserved seat had "converted themselves into Christianity long time back and they continue to profess the said religion Christianity even today." Under the Constitution (Scheduled Castes) Order, 1950, it is provided as follows :

"(2) Subject to the provisions of this Order, the castes, races or tribes of parts of, or groups within, castes or tribes, specified in Parts I to XIII of the Schedule to this Order s