JUDGMENT

VENKATARAMAIH, J.:—This appeal is filed under Section 116-A of the Representation of the People Act, 1951 (Act No. 43 of 1951) (hereinafter referred to as the Act) against the judgment of the High Court of Bombay (Nagpur Bench) in Election Petition No. 2 of 1978 by which the election of the appellant to the Maharashtra Legislative Assembly from the Armori Constituency (No. 151) in Chandrapur District at the general election held in February, 1978 was set aside. The Armori Constituency was reserved for Scheduled Tribes. The appellant and respondents Nos. 1 to 4 were the candidates at the election. As the appellant secured the highest number of votes, he was declared as having been elected by the Returning Officer. In his nomination paper, the appellant declared that he belonged to Mana Community. Respondents Nos. 1, 2 and 4 declared themselves as belonging to Pradhan community and respondent No. 3 claimed that he belonged to Raj Gond community. After the result of the election was declared, respondent No. 1 who had secured the next highest number of votes at the election filed an election petition under Section 81 of the Act before the High Court of Bombay calling in questi