SADHANAPALLI BHEEMARAJU Vs. SECRETARY A P LEGISLATIVE ASSEMBLY

JUDGEMENT

(1.) The petitioners seek a writ of mandamus, declaring that Respondent No.6 is not qualified to sit as a Member of Legislative Assembly in Andhra Pradesh as he does not possess the basic qualification prescribed under Clause 3(a) of Article 190 of the Constitution of India read with Section 5 of the Representation of the People Act, 1951 and consequently No.38 Yeliavaram (ST) Assembly Constituency has fallen vacant. Alternatively, the petitioners also seek a writ of quo warranto directing the sixth respondent to show under what authority he is occupying the seat as Member of the A.P. Legislative Assembly representing the 38th Yeliavaram (ST) Constituency and for a further direction to the first respondent not to permit the sixth Respondent to function as Member of the A.P. Legislative Assembly.

(2.) The facts lie in a narrow compass. The first petitioner claiming himself to be a tribal and resident of Mallavaram Mamilla Village which is a part of Yeliavaram Assembly segment; the second petitioner claiming himself to be the voter of the said Assembly segment and political activist of the Indian National Congress; and the third petitioner professing to be a Scheduled Tribe candidate, together filed the present writ petition. The third petitioner contested in the election to the A.P. State Legislative Assembly from Yeliavaram Assembly Constituency and eventually lost the election qua the sixth respondent. Petitioners claim that they are interested in seeing that No.38 Yeliavaram Assembly Constituency is represented by Scheduled Tribe alone, filed the writ petition as aforesaid assailing the election of the sixth respondent.

(3.) By means of a notification dated 24.3.2004, notice of election in Form-I was issued. Pursuant thereto, nominations were filed and the Returning Officer received them upto 31.3.2004. The third petitioner filed his nomination on behalf of the Indian National Congress, whereas the sixth respondent filed his nomination as a candidate of Telugu Desam Party. Objections seem to have been filed against the nomination of sixth respondent on the premise that he does not belong to Scheduled Tribe and he belongs to Adi Andhra Mala Caste, which is a Scheduled Caste. Rejecting all objections, nomination of the sixth respondent was accepted by the Returning Officer. Election to the said Assembly Constituency was conducted on 26.4.2004, and counting of the votes took place on 11.5.2004. The sixth respondent was declared to have been duly elected at the culmination of counting process. Consequently the statutory notification dated 12.5.2004 of the Election Commission of India was published in the A.P. Gazette, containing the names of the Members who have been duly elected to the State Legislative Assembly.