Judgment

ALAGIRISWAMI, J. :- In the election to the Maharashtra Legislative Assembly held in March 1972 to fill up a seat from the North Nagpur constituency reserved for members of the Scheduled Castes the 2nd respondent was declared elected. The appellant filed an election petition questioning the election. That petition having been dismissed by the High Court of Bombay (Nagpur Bench) this appeal has been filed by the appellant.

2. In that election as many as 19 persons filed their nomination papers. Nine of them withdrew leaving respondents 2 to 10 and the appellant in the held. One of them who withdrew was the 11th respondent, Ranjit Meshram, with whom we will have to deal later. In the election the 2nd respondent obtained 22,993 votes, the appellant obtained 21,135 votes, the 6th respondent obtained 16,123 votes and the 9th respondent 2,590 votes. It is unnecessary to refer to the other respondents or the votes obtained by them because the arguments before this Court have been confined to respondents 2, 6 and 9. As many as 14 issues were framed for decision of which, as far as the arguments before this Court are concerned, only issues 9 and 10 survive. They are set out below:

"9.