Judgment

GROVER, J. :- These are two cross appeals from a judgment of the Madhya Pradesh High Court. We shall give the facts of C. A. No. 2123/69 which arises from an election petition filed by the respondent Rajaram Singh an unsuccessful candidate in the High Court under S. 81 of the Representation of the People Act 1951, hereinafter called the Act challenging the election of the appellant who was declared duly elected in February 1967 from the Bhander Asembly Constituency of the State of Madhya Pradesh a seat which was reserved for a scheduled caste candidate.

2. The last date for filing the nomination papers was January 20, 1967, the date of scrutiny was January 21, 1967. The poll took place on February 20, 1967. The result of the election was declared on February 21, 1967.The appellant obtained 24,549 votes whereas respondent No. 1 obtained 8096 votes. A number of allegations were raised in the election petition and as many as 12 issues were framed with a number of sub-issues. On all the issues the allegations of respondent No. 1 were negatived with the exception of issue No. 1. That issue was as follows.

(1) (a) Whether respondent No. 1 Shri Kishroilal belongs to the Jatav cast