Judgment

PALEKAR, J.: - This appeal arises from an Order dated April 21, 1972 passed by the Patna High Court in Election Petition No. 9 of 1971 setting aside the election of the appellant at the instance of the respondent Mrs. Jahan Ara Jaipal Singh.

2. On January 21, 1971 the Election Commission of India issued a Notification calling on the 51 Khunti Parliamentary Scheduled Tribes Constituency of Ranchi to elect a Member of the Lok Sabha in the vacancy caused by the dissolution of the Lok Sabha in the month of December, 1970. The last date for filing nominations was 3-2-1971 and the date of scrutiny of nominations was 4-2-1971. Nearly fourteen persons filed their nominations - two of them being the appellant, Mr. Horo, and the respondent, Mrs. Jaipal Singh. It appears one of the candidates objected to the nomination of Mrs. Jaipal Singh on the ground that she was not a member of a Scheduled Tribe. That objection was considered by the Returning Officer who upheld the objection and rejected her nomination paper. In due course the election was held and the appellant, Mr. Horo, was declared elected. The petition namely Election Petition No. 9 of 1971 was filed by Mrs. Jaipal Singh on th