P. N. MOOKERJEE, J.

( 1 ) IN this election appeal, two questions call for decision. The first relates to the construction of the Constitution (Scheduled Castes) Order 1950, Part XIII (2) Item 40, as amended in 1956, and the second of Section 101 (a) of the Representation of the People Act, 1951. The controversy is acute as to whether the contesting respondent, who got himself declared elected to the reserved seat for the Scheduled Castes in the Khargram Legislative Assembly Constituency of West Bengal in the last General Election, held in February 1962, belonged to the Scheduled Caste, so as to be eligible for the said reserved seat. The controversy is also keen on the appellant's claim to be forthwith declared elected to the said reserved seat in case the respondent's election aforesaid is declared void.

( 2 ) TO resolve the above controversies, I proceed first to set out the relevant constitutional and statutory provisions, namely, the above amended Item 40 of Part XIII (2) (together with Paragraph 2, of which, plainly, it forms a part), of the Constitution (Scheduled Castes) Order 1950. and Article 341 (1) of the Constitution of India, under which the same was promulgated, and

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