- (1.)This is an appeal under Section 116-A of the Representation of the People Act, 1951.
(2.)The undisputed facts, briefly stated, are that Virajpet Constituency No. 126 went to polls for electing Member of the Legislative Assembly in the month of October 1999. The result of the election was declared on 6-10-1999. Respondent I was declared elected. There were in all five candidates in the election fray. None of the other four candidates, who lost the election, put in issue the result of the election. However, the appellant, who is a registered voter of the constituency, filed an election petition laying challenge to the election of Respondent 1.
(3.)Admittedly, the constituency was one reserved for Scheduled Tribe candidates. The constituency falls in Coorg District. According to the Constitution (Scheduled Tribes) Order, 1950 as amended by Act 108 of 1976 in the State of Karnataka, vide Entry 35 of the Schedule, "Maratha (Coorg District)" is a Scheduled Tribe. The plea taken by the petitioner in his writ petition was that Maratha in the State of Maharashtra are Hindi-speaking and are a general community and what is a Scheduled Tribe in Coorg District is "Martha" and that is what the Presidential Order intends and that is how it should be read.