JUDGMENT

BHAGWATI, J.:— This appeal under S. 116-A of the Representation of the People Act, 1951 is directed against an order made by the High Court of Mysore setting aside the election of the appellant on the ground that the nomination paper of the 1st respondent was improperly rejected by the Returning Officer. This litigation does not stand in isolation. It has a history and that is necessary to be noticed in order to 941 appreciate the arguments which have been advanced on behalf of both parties in the appeal.

2. The appellant and the 1st respondent have been opponents in the electoral battle since a long time. The constituency from which they have been standing as candidates is 68 KGF Constituency for election to the Mysore Legislative Assembly. They opposed each other as candidates from this constituency in 1967 General Election to the Mysore Legislative Assembly. Now, the seat from this constituency was a seat reserved for Scheduled Castes and, therefore, only members of Scheduled castes could stand as candidates from this constituency. The expression "Scheduled Castes" has a technical meaning given to it by Cl. (24) of Article 366 of the Constitution and it means "such castes, reces or tribes or parts of or groups within such castes or tribes as are deemed under Art. 341 to be Scheduled Castes for the purpose of the Constitution". The President, in exercise of the power conferred upon him under Art. 341 issued the Constitution (Scheduled Castes) Order, 1950. Paragraphs 2 and 3 of this Order are material and, since the amendment made by Central Act 63 of 1956, they are in the following terms:

"2. Subject to the provisions of this Order, the castes, races or tribes or parts of, or groups within castes or tribes specified in part I to XIII of the Schedule to this Order shall, in relation to the States to which those parts respectively relate, be deemed to be scheduled castes so far as regards members thereof resident in the localities specified in relation to them in those Parts of that Schedule.

3. Notwithstanding anything contained Paragraph 2, no person who professes a religion different from the Hindu or the Sikh religion shall be deemed to be a member of a Scheduled Caste."

The Schedule to this Order in Part VIII sets out "the castes, races or tribes or parts of or groups within castes or tribes" which shall in the different areas of the State of Mysore be deemed to be Scheduled Castes. We are concerned with Cl. (1) of Part VIII as the area of 68 KGF Constituency is covered by that clause. One of the castes specified there is Adi Dravida and that caste must, therefore, for the purpose of election from 68 KGF Constituency, be deemed to be a Scheduled Caste. The appellant was admittedly, at the date when he filed his nomination paper for the 1967 election from 68 KGF Constituency, an Adi Dravida professing Hindu religion and was consequently qualified to stand as a candidate for the reserved seat from this constituency. The 1st respondent also claimed to be an Adi Dravida professing Hindu religion and on this basis filed his nomination from the same constituency. The appellant and the 1st respondent were thus rival candidates - in fact they were the only two contesting candidates - and in a straight contest, the 1st respondent defeated the appellant and was declared elected.

3. The appellant thereupon filed election petition No. 4 of 1967 in the Mysore High Court challenging the election of the 1st respondent on the ground that the 1st respondent was not an Adi Dravida professing Hindu religion at the date when he filed his nomination and was, therefore, not qualified to stand as a candidate for the reserved seat from 68 KGF Constituency. The Mysore High Court, by an order dated 30th August, 1967, held that the 1st respondent was converted to Christianity in 1949 and on such conversion, he ceased to be an Adi Dravida and, therefore, at the material date, he could not be said to be a member of a Scheduled Caste, nor did h