A VEERAPPA Vs. P LINGA RAJU

JUDGEMENT

(1.) The order of the learned Election Commissioner (District Judge, Ananthapur) made in O.P.No.133 of 1987 dated 12th October, 1987, this writ petition was filed by Agisam Veerappa, an unsuccessful candidate for,election to the office of the Chairman, Anantapur Zilla Praja Parishad. By Section 2(b) of Act 31 of 1986 (Andhra Pradesh Mandala Praja Parishad, Zilla Praja Parishad and Zilla Pranalika Abhivrudhi Mandal Act), the Office of Chairman of Anantapur Zilla Praja Parishad is reserved to be filled by persons belonging to recognised Backward Classes. The petitioner A.Veerappa and respondents 1 to 4 filed their nominations. Even at the time of scrutiny of the nominations the petitioner objected to the claim of the first respondent that he belongs to "Agnikula Khastriya", a recognised backward Class. He contended that the first respondent is a 'Khastriya, a forward community. Overruling the objection, the returning officer upheld the nomination. The election was held on 14.3.87 and the results were declared on 16.3.1987. The first respondent, was declared to have been elected by a margin of more than 2,00,000 votes.

(2.) Original Petition No.133 of 1987 was filed by the peti- tioner questioning the election of the repondent. In the election petition. he pleaded that the first respondent does not belong to a listed Backward Class and that he also committed certain corrupt practices. Under Rule 2 (1) of the Rules relating to decision of election disputes in respect of Mandala Praja Pari shads and Zilla Praja Parishads issued in G.O.Ms.No.130, Panchayat Raj and Rural Development (Mandal-1) dated 24th February, 1987, the election petition shall be presented within fifteen days from the date of the declaration of the result of the election. Rule 4(1) lays down that "at the time of presentation of the petition, the petitioner shall deposit with it in cash one hundred rupees as security for the costs of the same". This one hundred rupees security deposit is applicable only in respect of election petitions filed questioning the election of Mandal Praja Parishad Chairman. Rule 14( v) lays down that in respect of election petitions pertaining to Zilla Praja Parishad Chairman, the words "two hundred rupees" shall be substituted for the words "one hundred rupees". The last date for filing election petition was 31.3.87. On 27.3.87 the petitioner obtained a Lodgement Schedule for deposit of Rs.100/-Thereafter on 28.3.87 another Lodgement Schedule was obtained by him for depositing a further sum of Rs.100/-, and on 28.3.87 only, Rs.200/- the prescribed security deposit amount was deposited.

(3.) The following additional issue was framed by the Election Commissioner as per the Orders in I.A.No.487/87, at the instance of the first respondent: