Deepak Gupta, J.—The short question which arises for determination in this case is "whether a non-tribal woman, who marries a person belonging ft to a scheduled tribe is entitled to the benefits of reservation available to the members of scheduled tribes on account of her marriage".

2. The facts in brief are that the petitioner who by birth does not belong to the scheduled tribes married one Sh. Arbind who is a member of a scheduled tribe. She contested the election for the post of Pardhan, Gram Panchayat Barang, Tehsil Kalpa, District Kinnaur, H.P. This post was reserved for women belonging to the scheduled tribes only. The only other opponent in the election was respondent No.

4. The petitioner won the election and thereafter respondent No. 4 filed an election petition under Section 163 of the H.P. Panchayati Raj Act. The main ground of challenge was that the petitioner did not belong to the scheduled tribes and therefore, was not eligible to contest the election.

3. The case of the petitioner before the authorised authority was that she had been issued a certificate by the Deputy Commissioner, Kinnaur, to the effect that she belongs to the scheduled tribes. According to he