R. N. MISRA, J.

( 1 ) JAGANATH Prasad is one of the 140 Constituencies of the Orissa Legislative assembly. The petitioner a resident of a village in Buguda P. S. covered by the said constituency filed his nomination for election to the Orissa State Legislative assembly in the mid-term poll held in 1971. His nomination paper was however, not accepted on the ground that it was a reserved Constituency for Scheduled castes. The election was duly held end opposite party No. 7 was returned from the constituency. By this application, the petitioner challenges the reservation of the constituency for Scheduled Castes and consequently impugns the election of opposite party No. 7.

( 2 ) OF the several opposite parties, the Returning Officer -- opposite party No. 5, and the returned candidate --opposite party No. 7 -- have filed counter affidavit. The Union of India -- opposite party No. 1 --has entered appearance through counsel and has advanced arguments against the contentions raised in the writ petition though no counter affidavit has been filed.

( 3 ) THERE is no dispute that the Jaganath Prasad Constituency of the Orissa legislative Assembly is a reserved one for Scheduled Castes. The