KURAPATI MARIA DAS Vs. AMBEDKAR SEVA SAMAJAM

JUDGEMENT

(1.) Respondent No.9 in Writ Petition No. 17853 of 2006 against whom a writ of Quo Warranto was issued by the learned Single Judge, vide his order dated 21.12.2006, has filed this appeal under Clause 15 of the Letters Patent.

(2.) For deciding the appeal, we may briefly notice the facts: The Government of Andhra Pradesh (respondent No.11 herein) issued notification dated 18.08.2005 whereby the office of the Chairperson of Bapatla Municipal Council (for short, 'the Council') was reserved for Scheduled Caste. Thereafter, District Collector, Guntur (respondent No.14 herein) issued notification dated 22.08.2005 reserving Ward No.8 for the Scheduled Caste. On 29.08.2005, the State Election Commission (respondent No.12 herein) issued notification for holding election to the Council. As per the schedule notified by respondent No.12, 24.9.2005 was fixed for election to the Wards and 30.9.2005 was fixed for election to the office of Chairperson.

(3.) Respondent No.9, who belongs to Scheduled Caste (Mala), filed nomination papers for contesting election from Ward No.8. The appellant filed his nomination as a candidate of the Indian National Congress. In the election held on 24.9.2005, the appellant was declared elected as Councillor from Ward No.8. Later on, he was elected as Chairman of the Council.