Supreme Court rules on tribal community eligibility for election reservation.

The Supreme Court held that the appellant did not belong to the 'Mana' community specified in the Schedule to the Constitution (Scheduled Tribes) Order, 1950, and thus was not qualified to contest the election from a constituency reserved for Scheduled Tribes. The Court affirmed the High Court's decision, emphasizing that the appellant's community lacked affinity with the 'Gond' tribe, a prerequisite for being considered part of the 'Mana' community listed in the Schedule. The Court rejected the appellant's argument regarding the interpretation of the amendments made by the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976, and dismissed the appeal with costs.

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Issues Involved:
1. Whether the appellant belonged to the 'Mana' community specified in the Schedule to the Constitution (Scheduled Tribes) Order, 1950.
2. Whether the appellant was qualified to contest the election from a constituency reserved for Scheduled Tribes.
3. Interpretation of the amendments made to the Schedule to the Order by the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976.

Summary:

Issue 1: Whether the appellant belonged to the 'Mana' community specified in the Schedule to the Constitution (Scheduled Tribes) Order, 1950.
The appellant declared that he belonged to the 'Mana' community in his nomination paper. Respondent No. 1 contended that the appellant belonged to the 'Kshatriya Bidwaik Mana' community, which was not listed in the Schedule to the Constitution (Scheduled Tribes) Order, 1950. The High Court upheld this contention, stating that the appellant did not belong to any of the Scheduled Tribes specified in Part IX of the Schedule to the Order.

Issue 2: Whether the appellant was qualified to contest the election from a constituency reserved for Scheduled Tribes.
The appellant's election was challenged on the grounds that he did not belong to any Scheduled Tribe as specified in the Order. The High Court found that the appellant did not belong to the 'Mana' community referred to in Entry No. 18 of Part IX of the Schedule to the Order and thus was not qualified to contest the election from a reserved constituency. The Supreme Court affirmed this decision, noting that the appellant's community had no affinity with the 'Gond' tribe, which was a requirement for being considered part of the 'Mana' community listed in the Schedule.

Issue 3: Interpretation of the amendments made to the Schedule to the Order by the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976.
The appellant argued that the amendments made by the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976, which substituted the old Schedule with a new one, intended to include all 'Mana' communities, regardless of their affinity with the 'Gond' tribe. The Supreme Court rejected this argument, stating that the inclusion of 'Mana' in Entry No. 18 of Part IX of the new Schedule still referred to the 'Mana' community having affinity with the 'Gond' tribe. The Court held that the Parliament did not intend to treat the 'Kshatriya Bidwaik Mana' community as a Scheduled Tribe by the amendment.

Conclusion:
The Supreme Court concluded that the appellant did not belong to a Scheduled Tribe and was not qualified to contest the election from a reserved constituency. The appeal was dismissed with costs.

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