ORDER:-Petitioner, at present a member of Legislative Assembly, was returned from 35-Abhayapuri Assam Legislative constituency. This 35-Abhayapuri Assam Legislative constituency is reserved constituency for scheduled caste. The petitioner submitted his nomination paper as a candidate of Indian National Congress (I) before the Returning Officer, North Salmara, Abhayapuri Sub-Division. The nomination paper was scrutinised and the Returning Officer found it in order. During the scrutiny of the nomination paper no objection was raised by any of the candidate or their election agents against the nomination and the Returning Officer found the nomination paper valid and accepted the same thereby it was also accepted that the petitioner was a member of Scheduled Caste community i.e. Namasudra.

2. After declaration of the result no election case was filed against the petitioner. The petitioner thus became an M. L. A. The 6th respondent, thereafter, submitted a memorandum dated 20-12-93 to the lst respondent stating, inter alia, that the petitioner was not a member of scheduled caste community. His father Bijoy Chandra Sarkar was living at the village Jateswar, Police Station Falak