JUDGMENT

Arijit Pasayat, J.-In these appeals under Section 116A of the Representation of the People Act, 1951 (for short the Act ) challenge is made to judgment and order dated 27.12.2002 passed by the Andhra Pradesh High Court dismissing the election petition filed by the appellant, by accepting prayers made by the respondent No. 1 in that regard. As the issues involved are pristinely legal, reference to the factual scenario briefly would suffice.

2. Election was held to Andhra Pradesh, Legislative Assembly on 11.9.1999. The controversy in the present appeal relates to 10 Saluru (ST) Legislative Assembly Constituency which is reserved for members of the Scheduled Tribe. Respondent No.1 filed his nomination claiming to be a member of Scheduled Tribe. His nomination was accepted and objections to his candidature were rejected. Nominations of some candidates were also rejected. Respondent No.1 after poll was declared elected in the election. The appellant filed election petition under Sections 5 and 100(1)(c) and (d) (i) of the Act before the High Court on 19.11.1999. Primary stand taken in the election petition appears to be that the claim of respondent No.1 that he is a member of S