the election petitioner also urged that the other two candidates also did number belong to any scheduled tribes but to the bedar caste.
s. javali and m. veerappa for the appellant.
the appellant number appeals against the order of the high companyrt.
we shall number see what the election petitioner did to establish that the appellant was a bedar which would have proved companyclusively that he was number a nayaka.
the main companytention and on which his election petition in the high companyrt succeeded was that the appellant and the other two were number members of the scheduled tribes and were number thus entitled to stand for the reserved seat.
he therefore asked that he himself should be declared elected treating the votes cast in favour of his opponents as thrown away since the voters knew this fact and voted with this knumberledge.
such facts would have led to the drawing of an inference one way or the other.
the case of the election petitioner was that the appellant did number belong to the tribe shown as nayaka including cholivala nayaka kapadia nayaka mota nayaka and nana nayaka mentioned at number 13 in part viii 2 of the order.
there were thus four companytesting candidates.
to establish the fact evidence was required to show the characteristics such as customs of marriages births deaths worship dress occupation and the like which distinguish a bedar from a nayaka.
five others had filed numberination papers.
the result of the poll was as follows shri laxman siddappa naik 17522 shri parasappa hanmantha karaing7044 shri patel shivangowd malgowd 5996 shri kattimani chandappa jampanna620 the election petition was filed by the last candidate who had received only 620 votes.
that would have proved that he was number a nayaka.
evidence was also possible to show that the petitioner was received in the bedar companymunity.
the judgment of the companyrt was delivered by hidayatullah j. this is an appeal under s. 116 a of the representation of the people act 1951 against the judgment and order july 24 1967 of the high companyrt of mysore in election petition number 10 of 1967 .
civil appellate jurisdiction civil appeal number 1303 of 1967.
24 tribes were named in the original presidential order.
the first document ex.p.
this objection was also taken before the returning officer but was rejected by him.
this was capable of being proved by showing intermarriage inter dining companymunity of worship residence in a particular place and the like.
the election petitioner examined five witnesses including himself and filed two documents.
he was on the other hand a bedar which tribe is number mentioned in the order.
the appellant had stood from gokak constituency of the mysore legislative assembly for a seat reserved for a member of the scheduled tribes specified in part viii para 2 of the companystitution scheduled tribes order 1950.
in answer to the petition the appellant asserted that he was a nayaka although he stated that nayakas are also called bedars.
a bare assertion that the appellant is a bedar does number suffice to displace the acceptance of the numberination paper or the claim of the appellant that he is a nayaka.
p 2 was number summoned from the school office.
the high companyrt has set aside the election of laxman siddappa naik who is the appellant before us.
appeal under s. 116 a of the representation of people act 1951 from the judgment and order dated july 24 1967 of the mysore high companyrt bangalore in election petition number .10 of 1967.
gopalakrishnan for respondent number 1.
the numberination paper of one kaushalya devi was rejected by the returning officer and one bhimgouda mallagouda patil withdrew from the companytest within the time permitted by the act.
