GAJENDRAGADKAR C. J. -This appeal by special leave arises out of an Election petition filed by respondent No. 1, Harikishan Singh, challenging the validity of the election of the appellant, Bhaiyalal, in a reserved seat in the Berasia Constituency in the district of Sehore in Madhya Pradesh. The election in question was held in February, 1962; at this election the appellant, respondent No. I, and three others offered themselves as candidates. The appellant was declared duly elected on the 26th February, 1962 Elince he had polled the highest number of votes. His next rival was respondent No. 1. By his petition, respondent No.1 challenged the validity of the appellants election on the ground that the appellant belonged to the Dohar caste and was not a Chamar. The appellant had filed his nomination paper on the 19th January, 1962 before the Returning Officer at Sehore and had declared that he was a member of the Chamar scheduled caste of the State of Madhya Pradesh in relation to Sehore district. This declaration was accepted by the Returning Officer. Respondent No.1 contended that Dohar caste was not recognised as the scheduled caste for the districts of Sehora and Raisen,