JUDGMENT

In this petition, election of the returned candidate viz. the respondent to Badwara Legislative Assembly Constituency No. 91 has been called in question on the grounds mentioned in clause (a) and sub-clause (i) of clause (d) of sub-section (1) of Section 100 of Representation of the People Act, 1951 (hereinafter referred to as 'the Act').

2. Following facts are not in dispute-

(i) In Part VIII of the Constitution (Scheduled Tribes) Order, 1950, Majhi was shown at Serial No. 29 as one of the Scheduled Tribes in relation to the erstwhile State of Madhya Pradesh and by virtue of Entry 9 to the Schedule to the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1956, Majhi was recognized as a Scheduled Tribe in the State of Vindhya Pradesh which, ultimately, became part of a new State of Madhya Pradesh formed by the State Reorganisation Act, 1956. However, it was with effect from 27th July 1977, that Majhi was notified, under the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act 1976, as a Scheduled Tribe throughout the new State.

(ii) In the years 1980, 1985, 1990, 1993 and 2003, the respondent contested the election to Panagar Legislative Assembly Constituen