DUKKU LABUDU BARIKI Vs. SOBHA HYMAVATHI DEVI

JUDGEMENT

(1.) In all these petitions the election of Smt. Hymavathi Devi, i.e., first respondent in all the three petitions, to the 28-S.T.-Srungavarapukota Assembly Constituency in Vizianagararn District during 1999 A.P. General Assembly Elections, reserved for a Scheduled Tribe candidate, is questioned. Petitioners in E.P.Nos.25 and 26 of 1999 are the candidates that contested the election on the tickets issued by Anna Telugu Desam Party and Congress-I Party respectively, and petitioner in E.P.No.27 of 1999 is one of the voters in the said Constituency.

(2.) The case of the petitioners, in ail the three petitions, is that since first respondent is born to V. Murahari Rao, a Patnaik or Sistu Karnam by caste, which is a forward community, and his wife Simhachalam, belonging to Scheduled Tribe, she acquired the caste of her father, and so she is a Patnaik or Sistu Karanam by caste, and hence is not eligible to contest as a candidate from a constituency, which is reserved for a Scheduled Tribe candidate.

(3.) The case, in brief, of first respondent is that she is a resident of Bhimavaram Village of Anantagiri Mandal, a tribal village with a population of less than 300 persons and less than 50 houses. Her maternal grandfather Sobha Rama Raju, a Bhagatha by caste, married Mallammna and Gaviramma, who also belong to Bhagatha community, and begot her mother Simhachalam through Mallamma, Simhachalam was married to Ladda Appala Swamy, a Bhagatha, according to the tribal i traditions, and after cohabitation, due to some differences with him, deserted him and returned to the house of her father Rama Raju. Vippalavalasa Murahari Rao, a Patnaik, who is a native of Vippalavalasa, married Kalavathi, daughter of his sister and Manmadha Rao of Uddangi Village. After being appointed as a teacher Murahari Rao was posted at Gujjili Village, which is about two kilometers from Bhimavaram. Thereafter he was transferred to Bhimavaram and was residing in the house of Sobha Rama Raju. At that time, he developed illicit intimacy with Simhachalam, and begot three daughters, including her (first respondent) and one son. There was no marriage between her mother Simhachalam and her father Murahari Rao. As such, their children were not accepted or treated by the members of Patnaik community either at Bhimavaram or any other place, and are being recognized and treated only as members of Bhagatha community. Murahari Rao never took his children born through Simhachalam to his native place, and whenever his relatives used to visit his house at Bhimavaram they used to cook their food separately, without accepting the food prepared by Simhachalam her mother. Kalavathi, after being persuaded by her husband Murahari Rao, joined him at Bhimavaram, but lived separately and was having a separate mess, and never ate the food cooked by Simhachalam or her family members. First respondent, who was born on 16.5.1969, was admitted in the school on 21.6.1971. Since Murahari Rao could not secure an alliance to her, either from his own community or from any non-tribal caste, her marriage was performed with her maternal uncle Appala Raju, an employee of Hindustan Shipyard at Visakhapatnam, on 23.3.1983, according to the tribal custom and rituals, when she was aged 13 years. After joining her husband at Visakhapatnam, she appeared for Matriculation and B.A. examinations as a private candidate and completed B.Ed., from Women's College of Education at Rajahmundry, and was appointed as aided teacher in Visakhapatnam in a vacancy reserved for a tribal candidate, in 1996. After she was selected as Junior Assistant in the Andhra University in 1997 in a vacancy reserved to a Scheduled Tribe candidate, she resigned the post of teacher and joined as Junior Assistant in Andhra University. District Collector caused an enquiry regarding her status as a member of Scheduled Tribe and confirmed that she is a tribal woman. As she underwent all the ignominy and sufferings of a tribal woman and since the certificate issued by the Mandal Revenue Officer, Anantagiri Mandal under A.P. (Scheduled Tribes, Scheduled Castes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993 (1993 Act) also shows that she belongs to Bhagatha Community, her status as a tribal woman is unquestionable. Since none of the petitioners, nor any of the voters raised an objection regarding her status as a tribal woman at the time of scrutiny of her nomination, the petitions are not maintainable.