K. P. MOHAPATRA, J.

( 1 ) THE petitioner has challenged the election of the respondent to the Orissa Legislative Assembly from 86 Malkanagiri (Scheduled Caste) Constituency.

( 2 ) THE case of the petitioner stated briefly is that his father late Nara Karanaya belonged to the Scheduled Caste of Domba (Dombo) community. He converted himself to the Christian religion. He married a second wife who was a Hindu through whom the petitioner was born. After the second marriage late Nara Karnaya ceased to profess the Christian religion and adopted the Hindu religion. He performed all functions and ceremonies and followed all customs and practices connected with the Hindu religion. Therefore, late Nara Karnaya, his second wife and the petitioner professed Hindu religion, were treated as such and belonged to Domba scheduled caste community. The petitioner had obtained a scheduled caste certificate (Ext. 2) from the Tahasildar, Motu. In the general election of the year 1985 for the Orissa Legislative Assembly, the petitioner filed his nomination paper as a candidate for 86-Malkanagiri (Scheduled Caste) Constituency and along with his nomination paper he enclosed the scheduled caste certificate