Episode in short: M/s. Dr. Ambedkar Seva Sangham, Ambedkar Bhavan, Akberpet, Bapatla, Guntur District, represented by its General Secretary M. Jaya Rao and certain others filed the present Writ Petition praying for issuance of a writ of quo warranto against the 9th respondent on the ground that the 9th respondent had usurped the office of the Chairperson of Bapatla Municipality and also the office of Municipal Councillor of 8th Ward of the said Municipality on the ground that the said 9th respondent belongs to Scheduled Caste though in fact he does not belong to Schedule Caste at all, but belongs to B.C. C (Mala) converted to Christianity .

2. Several factual details are narrated in the respective pleadings of the parties. This Court issued Notice Before Admission initially on 28-8-2006 and issued rule nisi on 7-9-2006. Inasmuch as the contesting respondents had put in their respective pleadings, the counter affidavits, the Writ Petition is being finally disposed of.

3. W.P.M.P.No.23998/2006: This application is filed by the writ petitioners praying this Court to receive a copy of the report of the Inspector of Police, CID, RCIU, Guntur dated 21-8-2006 and pass such other suitable orders. Certain factual details are narrated in the affidavit filed in support of the application in paras 2 to 5 and it is stated that the 1st petitioner-Association also had submitted a representation to the A.P. Scheduled Castes and Scheduled Tribes Commission with respect to the fraud played by the 9th respondent and the said Commission forwarded the same to Inspector General of Police, Cell for Protection of civil rights and consequently an investigation was made through the Inspector of Police, CID, RCIU, Guntur and the said officer after investigation submitted report on 21-8-2006 to the Additional Director General of Police, CID, A.P., Hyderabad recommending for registering a case against the 9th respondent and it is further stated that the said report would establish the fact of playing fraud by the 9th respondent and hence the same may be relevant.

4. In the facts and circumstances of the case, this Court is of the considered opinion that the application to be ordered and accordingly the same is hereby ordered. However, the question how far the said report may be looked into would be discussed at the appropriate stage.

Pleadings in brief: The pleadings of the parties in brief are as hereunder:-

5. The writ petitioners pleaded that the 1st petitioner-Association registered under the Societies Registration Act, 1981 with Registration No.99/81 and the main objects of the said Society among others are to promote the welfare, provide for education, protect the rights, to work for the upliftment of the Scheduled Castes among other Castes in weaker sections of the Society. It is also averred that the other petitioners are the residents and voters of the said Bapatla Municipality hailing from various wards including Ward No.8. It is also further stated that the 1st respondent exercising powers under Section 23 of A.P. Municipalities Act, r/w Rules 3 and 12 of A.P. Municipalities (Reservation of Offices of Chairperson in Municipal Councils and Nagar Panchayats) Rules, 1995 issued notification thereby specifying the Municipalities and Nagar Panchayats reserved for the members belonging to the Scheduled Tribes, Scheduled Castes, Backward Castes and Women for election to the offices of Chairpersons of the said Municipal Council and Nagar Panchayats vide G.O.Ms.No.759 dated 18-8-2005. By the said notification among others, the Bapatla Municipal Council was reserved for the candidates belonging to Scheduled Castes. The said reservations were made pursuant to the Constitutional mandate provided under Article 243- T of the Constitution of India. It is also further stated that exercising the powers under Articles 243-K and 243-ZA of the Constitution of India, the 2nd respondent herein, the State Election Commission issued notification dated 29-8-2005 notif