341 setting out in its schedule the various castes which were declared Sche duled Castes.
931 of 1965 filed by Abhoy Pada and shall hereafter refer to him as the appellant and Sudhir as the respondent.
931 of 1965 and the respondent in C. A. No.
Appeals from the judgment and decree dated July 31, 1964 of the Calcutta High Court in Appeal from Original Decree No.
C. Chatterjee, Janaradan Sharma, K. B. Rohtagi and S. Balakrishnan, for the appellant in C.A. No.
341 gives power to the President to specify by public numberification the castes or parts of or groups within castes which shall for the purpose of the Constitution be deemed to be Scheduled Castes.
931 of 1965 is by Abhoy Pada.
The President, on August 10, 1950, passed the Constitution Scheduled Castes Order, 1950 under Art.
Appeal No.
332 of the Constitution provides that seats shall be reserved for the Scheduled Castes in the Legislative Assembly of every State.
He challenges the validity of the order of the High Court setting aside his election.
The Judgment of the Court was delivered by Sarkar, C.J. These appeals arise out of an election to a seat in the West Bengal Legislative Assembly from the Khargram Murshidabad companystitutency reserved for members of the Scheduled Castes.
This Order was amended from time to time by statutes passed by Parliament and it is agreed that at the relevant time Item 40 of Part 13 of the schedule to the Order which set out which were Scheduled Castes in West Bengal stood as follows Sunri excluding Saha.
Appeal No.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
N. Mukherjee, for the respondent in C.A. No.
At the election which ensued, Abhoy Pada secured 16,730 votes and Sudhir, 15,523 and the former was companysequently declared elected.
613 of 1962.
1149 of 1965 .
Item 40 and some other items of the schedule were made applicable to the State of West Bengal except the Purulia District and the territories transferred from Purnea District of Bihar and it is with this item that we are companycerned.
The Election Tribunal rejected this companytention and dismissed the petition.
Sudhir then filed a petition challenging the validity of Abhoy Padas election on various grounds.
1149 of 1965 is by Sudhir and he challenges the validity of the order of the High Court rejecting his prayer to be declared elected.
931 of 1965 and the appellant in C.A. No.
At the hearing of the petition by the Election Tribunal, however, he challenged the election only on the ground that Abhoy Pada was a member of the Saha caste and number a member of a Scheduled Caste.
The companytestants at this election were Abhoy Pada Saha and Sudhir Kumar Mondal.
Sudhir objected to this numberination companytending that Abhoy Pada did number belong to any Scheduled Caste.
1149 of 1965 .
Sudhir then appealed to the High Court at Calcutta which reversed the decision of the Tribunal and declared the election of Abhoy Pada invalid and set it aside on the ground that he did number belong to a Scheduled Caste.
931 and 1149 of 1965.
The objection was rejected by the Returning Officer.
This prayer, however, was rejected by the High Court.
