( 1 ) INTRODUCTION: this election petition is filed under section 5,100 (1) (d) (i) of the Representation of the People Act, 1951 ( the Act for brevity) by an unsuccessful candidate of the legislative Assembly Elections, 1999 to declare the election of the first respondent as member of the Legislative Assembly from 8 naguru (Schedule Tribe) Assembly constituency as void, to set aside the same and to declare him as duly elected to the said Assembly constituency. PLEADINGS:

( 2 ) THE averments of the petition are briefly as follows:

( 3 ) THE petitioner belongs to Jatapu tribe, which is included in the list of Scheduled tribe (STs ). The election to the 8 Naguru (ST) Legislative Assembly Constituency was held on 11-9-1999. It is a reserved constituency for Scheduled Tribes. In the said election, the petitioner and the first respondent contested as Telugu Desam party (TOP) and Congress-l Party candidates. The respondents 2 to 4 contested from other parties. The first respondent was declared elected on 6-10-1999. He does not belong to any of the scheduled Tribes mentioned in the scheduled Tribes Order, 1976 relating to andhra Pradesh. He belongs to kshatriya caste. H