C.S. Nayudu, J. - (1.) THIS appeal is directed against the judgment and order of the Election Tribunal, appointed by the Election Commission, which heard and disposed of the election petition filed by the Petitioner -Appellant herein on 7 -4 -62.
(2.) THE facts briefly are as follows: The two Respondents to this appeal contested the election for a reserved seat from the Cherrapunji Assembly Constituency in the State of Assam. This seat was reserved for the Scheduled Tribes. The first Respondent having secured larger number of votes was declared elected on 26 -2 -62. The Petitioner -Appellant who is a voter in the Cherrapunji Assembly Constituency filed the election petition, against the dismissal of which this appeal has now been preferred by him. The three grounds on which the election petition was based are (1) that the first Respondent was not a member of the Scheduled Tribes at all, (2) that he was not an elector in any of the four reserved seats for the Scheduled Tribes, and (3) that even if he was a member of the Scheduled Tribes, he certainly was not a member of the Scheduled Tribes of the Autonomous Khasi and Jaintia Hills District. The learned Election Tribunal which heard the matter held against the contentions of the Appellant on all the three grounds and consequently dismissed the election petition. Hence the present appeal.
(3.) AT the outset it was pointed out that subsequent to the decision of the Election Tribunal given in this case, the first Respondent, who was the successful candidate in the election, which is now sought to be impugned, had resigned his seat and that scat, for which the election had been held and the validity of which is questioned in this appeal, had been declared vacant by the Election Commissioner, and that a fresh election had been ordered and is due to take place on 27 -4 -63.;