Seetharama Reddy, J. - (1.) In these two writ petitions the notification dated 24-1-1978 issued by the Election commission declaring salur Assembly constituency reserved for scheduled Tribes, is sought to be quashed. A brief back-drop to this impugned notification may be set out.
(2.) Upon the completion of each census, readjustment of constituencies in the house of the people to the states, the total number of seats in the Legislative Assembly of each State, and so forth, is made under the Delimitation Act. The Delimitation commissions order No. 32 dated 1-1-1975 delimiting the state of Andhra pradesh into parliamentary and assembly constituencies, was based on the 1971 census figures published by the Registrar General of India This order has been incorporated in the Delimitation of parliamentary and Assembly constituencies order 1976, in virtue of sections 8 of the Representation of the people Act of 1950. The election commissions impugned notification dated 24-1-1978 seeks to amend the delimitation order, 1976. The Delimitation order dated 1-1-1975 inter alia constituted parvathipuram Loksabha constituency comprising seven Assembly constituencies; out of which two were reserved for S. Ts., one for S. C. And the remaining four as general. Out of this salur was constituted as 10-salur general constituency.
(3.) On 20-9-1976 the parliament enacted the scheduled castes and scheduled Tribes orders (amendment) Act, 1976, (hereinafter referred to as the Act), which came into force with effect from 27-7-1977. Under section 5 of the Act, the population as at the last census (1971) of the scheduled castes or as the case may be of the scheduled Tribes, in each state shall be ascertained and estimated by the census authority in the Gazette of India and the said figures so notified shall be taken to be relevant population figures as ascertained at the last census and will supersede any figures previously published.;