M.S. RANE, J. :---The petitioner in this petition has questioned the legality and validity of the election of the respondent herein to the Maharashtra Legislative Assembly from Palghar, district Thane Constituency No. 62 held on 12-2-1995 the result of which was declared after counting on 12-3-1995 in which the respondent was declared as elected having got highest number of votes being 55,399 votes as against 33,250 secured by the petitioner. In all there were five contesting candidates who secured votes less than the petitioner herein. Exhibit 'C' to the petition is the copy of the result as declared by the Returning Officer of the said constituency. The said Palghar constituency is a reserved constituency specifically for the members belonging to the Scheduled Tribe. According to the petitioner he belongs to the schedule tribe viz. Hindu Malhar Koli.

2. The petitioner has challenged the election of the respondent principally on the ground that she does not belong to the Schedule Tribe for which the said Constituency No. 62 was reserved and therefore was not eligible and qualified candidate for the said election from the said constituency. According to the petitioner the re