In Brief
A registered society representing Adivasis challenged the application of election laws in Sundargarh Scheduled Area, Odisha, contending that only Scheduled Tribes can settle, vote, or contest elections there without prior Governor notification. The Supreme Court held that Central and State laws apply to Scheduled Areas unless the Governor specifically excludes or modifies them. Non-Tribals have constitutional rights to settle and vote under Article 19(1)(e) and the Representation of the People Act, 1950. The Governor's powers under the Fifth Schedule cannot override Fundamental Rights. All constituencies need not be reserved for Scheduled Tribes. The appeal was dismissed.
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