JUDGMENT :

Abhay S. Oka, J.

FACTUAL ASPECTS

1. In exercise of powers under sub-clause (2) of Clause 6 of the Fifth Schedule to the Constitution of India, on 31st December 1977, the Hon’ble President of India declared the entire District of Sundargarh in the State of Orissa as a Scheduled Area (for short, ‘the Scheduled Area’). The appellant, a society registered under the Societies Registration Act, 1860, invoked the writ jurisdiction of the High Court under Article 226 of the Constitution of India. The first contention raised in the writ petition was that in the Scheduled Area, except for the members of the Scheduled Tribes, no one has the right to settle down. A contention was raised in the writ petition that every person, who does not belong to Scheduled Tribe and residing in the Scheduled Area, is an unlawful occupant and, therefore, is disentitled to exercise his right to vote in any constituency in the Scheduled Area. Further contention raised was that every constituency in the Scheduled Area should be declared as a reserved constituency under Articles 330 and 332 of the Constitution of India. It was also contended that no candidate, other than the candidates belonging to the Sc