AIR 1961 MADHYA PRADESH 84 ::ILR (1959) Madh Pra

Madhya Pradesh High Court

Hon'ble Judge(s): G. P. Bhutt , C.J. AND P. K. Tare , J

(A) Constitution of India , Art.341(2)— Constitution (Scheduled Castes) Order (1950) , Sch.I— States Reorganisation Act (37 of 1956) , S.41— Scheduled Castes and Tribes List (Modification) Order (1956) , Sch.I Part VI— Persons specified as scheduled castes in Scheduled Castes Order, 1950 - Power of President to vary such castes by subsequent notification - Chamars of Narsimhapur District in M.P.- Whether members of scheduled castes alter reorganisation of States - Effect of Modification Order, 1956. In the Constitution (Scheduled Castes) Order, 1950, as initially issued under Art. 341(1) of the Constitution, Chamar, throughout the State of M.P., was notified as a scheduled caste. That Order was modified by the Scheduled Castes and Tribes List (Modification) Order, 1956, issued under S. 41 of the States Reorganisation Act, 1956. Chamar was mentioned in the modification Order as Scheduled caste in the district of Hoshangabad in M.P. On 01-11-56, Narsimhapur, was constituted into a separate district. Prior to that date it formed a tahsil in the Hoshangabad District. The respondent who was a Chamar and resided in Narsimhapur, contested the election held after reorganisation for the reserved seat in a double member constituency and was elected. His election was challenged on the ground that since Hoshangabad district did not, on that date, include the territory ....