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Issues:
1. Validity of election petition challenging the rejection of nomination papers. 2. Application of constructive res judicata in election disputes. Issue 1: Validity of Election Petition: The appeal arose from an Order setting aside the election of the appellant due to the rejection of the respondent's nomination paper, alleging that she had obtained the status of a Munda, a Scheduled Tribe, through marriage. The High Court, in a previous petition, held that the respondent was a member of the Munda tribe by virtue of her marriage. The Supreme Court, in the previous petition, affirmed that a female marrying into a tribe becomes a member of that tribe. In the current appeal, the appellant argued that the respondent, being a Christian, could not change her ethnic group by marrying a Munda. The Court, however, refused to reconsider its previous decision, upholding that the respondent became a Munda by marriage and belonged to her husband's tribe. Issue 2: Application of Constructive Res Judicata: The appellant contended that a ground raised by him, regarding the legality of the respondent's second marriage under Section 57 of the Indian Divorce Act, was wrongly barred by constructive res judicata. The Court noted that this ground had been raised in a previous petition but not pursued before the trial court or in the appeal. The Court's earlier judgment explicitly stated that the appellant had not pleaded this ground earlier and had not pursued it during the trial. The Court emphasized that the appellant could have raised this issue during the trial but chose not to, and thus, it was deemed to have been given up. The Court rejected the argument that the appellant could not have known about the respondent's past, as the information was available during the trial. Consequently, the Court upheld the application of res judicata and dismissed the appeal with costs. ---
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