T. CH. SURYA RAO, J.

( 1 ) THE petitioners seek a writ of mandamus, declaring that respondent No. 6 is not qualified to sit as a member of Legislative Assembly in Andhra pradesh as he does not possess the basic qualification prescribed under Clause 3 (a) of article 190 of the Constitution of India read with Section 5 of the Representation of the people Act, 1951 and consequently No. 38 yeliavaram (ST) Assembly Constituency has fallen vacant. Alternatively, the petitioners also seek a writ of quo warranto directing the sixth respondent to show under what authority he is occupying the seat as member of the A. P. Legislative Assembly representing the 38th Yeliavaram (ST) constituency and for a further direction to the first respondent not to permit the sixth respondent to function as Member of the a. P. Legislative Assembly.

( 2 ) THE facts lie in a narrow compass? the first petitioner claiming himself to be a tribal and resident of Mallavaram Mamilla village which is a part of Yeliavaram assembly segment; the second petitioner claiming himself to be the voter of the said assembly segment and political activist of the Indian National Congress; and the third petitioner professing to be

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