ORDER

1. The appellant filed an election petition challenging the election of the respondent from 208 Gotegaon Legislative Assembly Constituency of Madhya Pradesh. The respondent had contested the election on the premise that he belonged to the Scheduled Caste being a "Kumhar" residing in Shahdole District which caste was declared a Scheduled Caste by the Presidential Notification issued in exercise of powers conferred by clause (1) of Article 341 of the Constitution of India. The Constitution (Scheduled Castes) Order, 1950 insofar as relevant for our purposes provides that the castes, races or tribes or parts of, or groups within, castes or tribes specified in Parts I to XXII of the Schedule to this order shall, in relation to the States to which these 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. Part IX of the Schedule deals with the State of Madhya Pradesh. Entry at Serial No. 35 reads as "Kumhar in Chhatarpur, Datia, Panna, Reva, Satna, Shahdole, Sidhi and Tikamgarh districts". It would thus be seen that the residents of these districts who