ORDER :- The petitioner in this election petition was a candidate for the election to the Maharashtra State Legislative Assembly from Barsi Constituency. The election was to be held in the month of Feb. 1978. The nominations were required to be filed by the candidates on or before 1-2-1978. Accordingly the Petitioner filed his nomination paper on 1-2-1978. Under S.34(1)(b) of the Representation of the People Act, 1951, in the case of an election to the Legislative Assembly a candidate is required to deposit a sum of Rs. 250/-. However, if the candidate is a member of a Scheduled Caste or Scheduled Tribe, he is required to deposit a sum of Rs. 125/-only. The petitioner deposited the sum of Rs. 125/- on the ground that he belonged to a Scheduled Caste, namely Khatik community. When the nomination papers were scrutinised on 2-2-1978 the nomination of the petitioner was rejected by the Returning Officer, Barsi Constituency, who is the Respondent No. 2 herein, on the ground that the petitioner had not proved that he belonged to a Scheduled Caste and that as he had not deposited Rs. 250/- his nomination paper was bad. It is the petitioner's case that the people of Khatik community descri

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