JUDGMENT

CHINNAPPA REDDY, J.:—At the General Election to the Uttar Pradesh Vidhan Sabha held in 1979, Jhilmit Ram was elected from the Jakbsuie Constituency reserved for the Scheduled Castes. He secured 17822 votes. Chhedi Ram the runner-up secured 17449 votes. Thus the difference between the successful candidate and the candidate who secured the next highest number of votes was 373 votes. There were four other candidates of whom Moti Ram secured. 6710 votes. Chhedi Ram challenged the election of Jhilmit Ram on the ground that Moti Ram was a Kahar by caste, not entitled to seek election from the reserved constituency, that his nomination had been improperly accepted and that the result of the election was materially affected. The Election Tribunal found that Moti Ram was a Kahar by caste and not a member of the Scheduled Castes. It rejected the evidence offered on behalf of Moti Ram that he was a Gond and not a Kahar and recorded a finding that deliberate attempts had been made to manufacture evidence to show that Moti Ram was a Gond. The Tribunal also noticed that Moti Ram himself was not prepared to enter the witness box to give evidence. Having arrived at the finding that Moti R