Judgment

SHAH, J.:- At the "mid-term elections" held in January 1969 Anirudh Patar (the Ist respondent in this appeal) was declared elected to the Bihar Legislative Assembly from the Tamar Assembly Constituency No. 296 (Scheduled Tribes). Bhaiya Ram Munda an unsuccessful candidate at the election applied to the High Court of Patna for an order setting aside the election on the plea that the 1st respondent was not a member of a Scheduled Tribe and was on that account not qualified under Section 5 of the Representation of the People Act, 1951 to be chosen to fill a seat in the Legislative Assembly of Bihar from a reserved constituency for Scheduled Tribes. The High Court dismissed the petition holding that the 1st respondent was a member of a Scheduled Tribe called "Munda" specified in Part III of the Constitution (Scheduled Tribes) Order, 1950 issued in exercise of the powers under Article 342 of the Constitution. Bhaiya Ram Munda has appealed to this Court under Section 116-A of the Representation of the People Act, 1951.

2. Section 5 of the Representation of the People Act, 1951 provides:

"A person shall not be qualified to be chosen to fill a seat in the Legistative Assembly of a St