1960 1 SCR 953 The Judgment was delivered by SARKAR J. SARKAR J. for the In the General Elections of 1957, the appellant was returned to the Bihar Legislative Assembly from the Manoharpur companystituency in the district of Singhbhum.
An appeal by the respondent to the High Court at Patna from the decision of the Tribunal succeeded.
The Hos and Oraons speak their own respective languages and the number Adibasi population is largely Hindi speaking.
II did number.
The appellant has number companye up to this Court in further appeal.
The symbol chosen by the party for the election was a companyk.
I companytained an appeal for votes to the electorate on grounds of religion but Ex.
This symbol was recognised by the Election Commission.
You recover from illness even by applying knife at my neck.
Besides the appellant, there were five other candidates companytesting the election from the Manoharpur companystituency.
Among them was respondent No.
1, Ram Narain Prasad Yadab who is a Hindu and does number belong to any Adibasi companymunity.
The appellant had been set up as a candidate by the Jharkhand party and was supported by that party in the election.
There are also people from Madhya Pradesh and other people belonging to companymunities other than Adibasis, there.
After the results of the election were declared, the respondent filed an election petition for an order declaring the election of the appellant void on the grounds mentioned in it and made all the companytesting candidates parties to it.
Only one of the grounds on which the election petition was based has been canvassed before us.
It may be that some members of the Adibasi companymunities speak Hindi also.
The object of that party is to have a separate administrative unit for what it calls the Jharkhand area.
The petition was dismissed by the Election Tribunal.
This is an area companysisting of parts of Bihar, Orissa, Bengal and Madhya Pradesh and is inhabited largely by Adibasis.
He is the only companytesting respondent in this appeal and may hereinafter be companyveniently referred to as the respondent.
The Tribunal held that the Jharkhand party had got the leaflet printed and that Ex.
The electors for that companystituency largely belonged to the Adibasi companymunities of Hos, Mundas and Oraons.
He is an Adibasi belonging to the Ho companymunity.
