L LALITHA KUMARI Vs. M THIPPE SWAMY

JUDGEMENT

(1.) The first respondent in the election petition, filed these four applications. (1) E.A. No.1092 of 2004 is filed under Rule 11 of Order VII C.P.C, read with, Section 83 of Representation of Peoples Act, 1951 (for short "R.P. Act") to reject the election petition. (2) E.A. No. 1093 of 2004 is filed under Sections 83 and 87 of the R.P. Act, read with, Section 151 C.P.C., and Rule 16 of Order VI C.P.C., to strike out Paragraphs 3, 4 and 5 of the election petition. (3) In E.A. No. 1094 of 2004 filed under Section 83 of the R.P. Act, the petitioner seeks permission of this Court to file written statement, after disposal of the applications filed by her. (4) E.A. No. 1192 of 2004 is filed under Section 86(i), read with, Section 81(3) of the R.P. Act for dismissal of the election petition. While the affidavit for the first three applications is common, a separate affidavit is filed in support of the fourth application.

(2.) The first respondent in these applications, filed the election petition challenging the election of the petitioner from 141 Palamaner (SC) Assembly Constituency, in the elections that were held on 26.4.2004. The sole ground of challenge is that the petitioner does not belong to Scheduled Caste, and thereby, she was not qualified, to have been elected from the reserved constituency.

(3.) The gist of the affidavits filed by the petitioner is as under: The petitioner was issued a caste (community) certificate, dated 9.1.2004, by the Mandal Revenue Officer, Bangarupalyam Mandal, Chittoor District, in accordance with the provisions of the A.P. (SC, ST & BC) Regulation of Issuance of Community Certificates Act, 1993 (for short