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2003 Supreme(AP) 664

C.Y.SOMAYAJULU
Dukku Labudu Bariki – Appellant
Versus
Sobha Hymavathi Devi – Respondent


C. Y. SOMAYAJULU, J.

( 1 ) IN all these petitions the election of Smt. Hymavathi devi, i. e. , first respondent in all the three petitions, to the 28-S. T.-Srungavarapukota assembly Constituency in Vizianagararn district during 1999 A. P. General Assembly elections, reserved for a Scheduled Tribe candidate, is questioned. Petitioners in e. P. Nos. 25 and 26 of 1999 are the candidates that contested the election on the tickets issued by Anna Telugu Desam Party and congress-I Party respectively, and petitioner in E. P. No. 27 of 1999 is one of the voters in the said Constituency.

( 2 ) THE case of the petitioners, in ail the three petitions, is that since first respondent is born to V. Murahari Rao, a patnaik or Sistu Karnam by caste, which is a forward community, and his wife simhachalam, belonging to Scheduled Tribe, she acquired the caste of her father, and so she is a Patnaik or Sistu Karanam by caste, and hence is not eligible to contest as a candidate from a constituency, which is reserved for a Scheduled Tribe candidate.

( 3 ) THE case, in brief, of first respondent is that she is a resident of bhimavaram Village of Anantagiri Mandal, a tribal village with a population of less





























































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