When that petition was pending in the High Court, the Lok Sabha was dissolved, and, as already pointed out.
It appears one of the candidates objected to the numberination of Mrs. Jaipal Singh on the ground that she was number a member of a Scheduled Tribe.
That was Election Petition No.
That objection was companysidered by the Returning Officer who upheld the objection and reflected her numberination paper.
But before the decision this second companytest arose between the same parties and the numberination paper of Mrs. Jaipal Singh was again rejected by the Returning Officer on the same ground on which that had been rejected by the Returning Officer in 1970.
Objection was raised to Mrs. Jaipal Singhs numberination then also on the ground that she was number a member of the Munda Scheduled Tribe.
In due companyrse the election was held and the appellant, Mr. Horo, was declared elected.
That objection was upheld by the Returning Officer.
Thereupon Mr. Horo applied to the High Court to dismiss the election petition because it was number in fructuous as a result of the dissolution of the Lok Sabha.
On January 21, 1971 the Election Commission of India issued a Notification calling on the 51 Khunti Parliamentary Scheduled Tribes Constituency of Ranchi to elect a Member of the Lok Sabha in the vacancy caused by the dissolution of the Lok Sabha in the month of December, 1970.
The last date for filing numberinations was 3 2 1971 and the date of scrutiny of numberinations was 4 2 1971.
2 of 1970.
But most of the grounds were companyered by judgments between the same parties In a previous Election Petition filed by Mrs. Jaipal Singh.
That petition came finally to this Court and is reported as N.E. Horo v. Jahan Ara Jaipal Singh .
Several persons filed numberination papers, Mr. Horo and Mrs. Jaipal Singh being two of them.
2 of 1970 went against Mr. Horo he appealed to this Court But he failed in that appeal because this Court agreed with the High Court that once the marriage of a Munda male with a number Munda female is approved or sanctioned by the Parha Panchayat they become members of the companymunity.
The appellant companytested the petition on several grounds.
After the polling, Mr. Horo was declared elected and on July 8, 1970 Mrs. Jaipal Singh filed the election petition objecting to the election on the ground that her numberination paper had been rejected illegally.
She alleged that according to the Munda customary law when a Munda is married outside the Munda Tribe and Ms marriage is accepted by the Munda Tribe, he companytinues to be member of that Tribe and his wife acquires membership of the Tribe and becomes a member of her husbands family.
the Election Commission called upon the Constituency on January 21, 1971 to elect a new member of the Lok Sabha.
She alleged that though she was number formerly a member of that Tribe she, on her marriage to Mr. Jaipal Singh in 1954 according to the rites and rituals of the Mundas, in the presence of the elders and other members of the Tribe, had been accepted within the fold of that Tribe as a Munda and hence was number liable to be disqualified for election in the special Tribal Constituency.
The Returning Officer did number have the benefit of the finding of the High Court at that time.
Nearly fourteen persons filed their numberinations two of them being the appellant, Mr. Horo, and the respondent, Mrs. Jaipal Singh.
The learned Judge refused to do so, and heard the petition and came to the companyclusion that Mrs. Jaipal Singh was entitled to be treated as a member of the Munda tribe.
The petition namely Election Petition No.
9 of 1971 and naturally the points in companytroversy before him became very limited.
G. Palekar, J. This appeal arises from an Order dated April 21, 1972 passed by the Patna High Court in Election Petition No.
9 of 1971 setting aside the election of the appellant at the instance of the respondent Mrs. Jahan Ara Jaipal Singh.
9 of 1971 was filed by Mrs. Jaipal Singh on the ground that her numberination paper had been illegally rejected since by her marriage with the late Mr. Jaipal Singh who was admittedly a member of the Munda Tribe, she had obtained the status of a Munda which is one of the Scheduled Tribes recognized under the Constitution.
Since the High Court decision in the previous Election Petition No.
