AJAMEERA HARI NAIK Vs. SUMAN RATHOD

JUDGEMENT

(1.) This petition is filed under Section 81 read with Section 100 (l)(a) and (d) (i) of the Representation of People Act, 1951 (for short 'the Act 1951') to declare the election of the 1st Respondent to 006 Khanapur (S.T.) Assembly Constituency to be null and void and set aside the same and further declare that the Petitioner has been duly elected as Member of 006 Khanapur (S.T.) Assembly Constituency under Section 84 of the Act 1951.

(2.) Brief facts, that are necessary for disposal of the present petition may be delineated as follows:

(3.) The 1st Respondent filed counter-affidavit denying the averments in the election petition. She took the preliminary objection with regard to maintainability of the election petition on the ground that the Petitioner neither raised any specified grounds as required under Section 81 read with 100 of the Act, 1951 nor pleaded material facts and particulars and verification of pleadings as required under Section 83 of the Act, 1951 for constitution of cause of action, in seeking declaration of her election as Returned Candidate from 006 Khanapur (S.T.) Assembly Constituency as void. It is settled law that pleading the grounds specified in Section 100 of the Act, 1951 is mandatory requirement under Section 81 of the Act, 1951 while questioning the election of the returned candidate and further it is a condition precedent for filing of the election petition. In the absence of material facts, substantiating the said grounds under Section 83 read with 100 of the Act, 1951, the election petition is liable to be dismissed in liminie. It is true that she belongs to Banjara Caste and her parents hail from Jaroor Tanda Village, Nanded District of Maharashtra State, but denied that she was born and brought up at Maharashtra. She was married to her family relative Mr. Ramesh Rathod, resident of Tadihatnoor Village in Adilabad District at early age in the year 1971 as per the tribal customs and practices. In view of her marriage with Ramesh Rathod, she came to Tadihatnoor Village to join her husband family and thus she was brought up in her husband family. It is true that Banjara Caste is included in the list of Backward Class in Andhra Pradesh. But, however, Banjara Caste was included in the Constitution (Scheduled Tribes) Order, 1950 by inserting in Entry 29 Part I of Andhra Pradesh through the Scheduled Caste and Scheduled Tribes Orders (Amendment) Act, 2002 (Act 10 of 2003). In view of the said inclusion, Banjara Caste residing in the State of Andhra Pradesh was treated as Scheduled Tribes w.e.f. 7.1.2003. The Sugalis, Lambadas and Banjara are synonyms and same class and group of Scheduled Tribes in the State of Andhra Pradesh and they were included in the Scheduled Tribes Order, 1950 by way of Scheduled Tribes Order (Amendment) Act, 1976. Banjara being the synonym of Sugali and Lambada, it is also the same group of Scheduled Tribes in relation to State of Andhra Pradesh. Thus, she being the member of Banjara Caste residing in the State of Andhra Pradesh, she is recognized as belongs to Scheduled Tribes in relation to State of Andhra Pradesh.