Supreme Court · 1968 INSC 11 · Decided 19 January 1968

Laxman Siddappa Naik v. Kattimani Chaniappa Jamappanna & ORS.

Court
Supreme Court of India
Citation
1968 INSC 11 · [1968] 2 S.C.R. 805
Case number
CIVIL APPEAL No. 1303/1967
Decided
19 January 1968
Bench
M. HIDAYATULLAH, S.M. SIKRI, K.S. HEGDE (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Constitution Article 332, 342; Representation of the People Act

Headnote

c D E F G H Constitution <Scheduled Tribes) Order, 1950-Caste of candidature&shy; Burden of proof. An unsuccessful candidate for &bull;olection to the Mysore Legislative&middot; Assembly for a seat reserved for a member of the Schedul-:d l'ribes, filed an election petition on th&middot;o ground not a tribe specified in Part YIU para 2 of the Constitution (Scheduled Tribes) Order, 1950. The appellant-the succl.!ssful candidate, asserted that he was a Nayaka (which is mentioned at item No. 13 in Part VIII (2) of the Order) and Nayakas are also.called Bedars. The High Court held that

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