JUDGMENT

H.L. Dattu, J. Facts :

1) In the election to Tamil Nadu Legislature Assembly held in May 2006, Rajapalayam constituency was reserved for members of the Scheduled Castes. Appellant, respondent No. 1, and eleven others had contested the elections. The appellant was declared elected. Respondent No. 1 filed election petition inter alia questioning the election of the appellant. The election petition having been allowed by the High Court of Madras, this appeal is filed by the appellant.

2) The Nominations for the Rajapalyam assembly constituency were scrutinized on 21.04.2006 and after scrutiny of the nominations, there were 13 candidates in the fray including the appellant and the respondent no.1. The appellant contested as a candidate from the AIADMK party and was allotted the "two leaves" symbol. The respondent no.1 contested the election as an independent candidate and was allotted the "Finger Ring" symbol. The election for the said constituency was held on 08.05.2006. The result of the election was declared on 11.05.2006 and the appellant was declared as the successful candidate in the elections having secured the highest number of votes.

3) The respondent no.1 [Election Petitioner] challenged the result of the election by filing election petition under Section 81 read with Section 5(a), 100 (1)(a) and 125-A of the Representation of the Peoples Act, 1951. His prayer was for declaration of the election of the returned candidate as void and to declare the candidate with the next highest number of votes as the successful candidate. Contention of the Election Petitioner :

4) The contention is that, the Rajapalayam assembly constituency is a reserved constituency and only candidates belonging to the Scheduled Caste are eligible to contest the elections from such constituency. According to the petitioner, the respondent No.1 (appellant in this appeal) filed her nomination papers claiming herself to be a member of a Scheduled Caste by filing false declaration and suppressing material facts. According to him, the appellant professes Christianity and her actual name is Glory Chandra and she is born to Christian parents. He claims that the husband of the appellant is Soosaimanickam and he too professes Christianity. He alleges that she studied in CSI High School, Batlagundu and not in Government High School, Devathanampatty as claimed in her nomination paper and as per school records, she belongs to Christian Pallan community. He also claims that the community certificate issued by the Tahsildar, Rajapalayam was procured by her, by exercising political clout and suppressing material facts and the said certificate was issued to the appellant within two days of the receipt of the application. He further asserts that even after the alleged conversion of the respondent, the voters list published for the year 1999, showed her name to be Glory Chandra. He also places reliance on the fact, that, the husband of the appellant made an application dated 27.4.1998, to the Bharat Sanchar Nigam Limited for a new phone connection, where his name is stated as Soosaimanickam. The petitioner also relies on the entries in original Birth Register of 1997, pertaining to the births in Erumalainaickenpatti Village and they refer to the birth of a girl child to the respondent, whose then name is referred as Glory Chandra and the child's father's name is referred as Soosaimanickam and their religion referred to as Christianity. Therefore, it is asserted that the respondent No. 1 is Christian by birth and continues to profess Christianity and therefore could not have contested from a reserved constituency. Contention of the contesting respondent/appellant

5) The respondent states that she was born to a Christian father and Hindu mother. Her father subsequently remarried. Her father deserted her and her mother when she was a child. She was brought up by her mother at her sister's house and claims to have severed all ties with her father. She claims that sh