C. V. NAGARJUNA REDDY, J.

( 1 ) RESPONDENT No. 9 in Writ Petition No. 17853 of 2006 against whom a writ of Quo Warranto was issued by the learned Single Judge, vide his order dated 21. 12. 2006, has filed this appeal under Clause 15 of the Letters Patent.

( 2 ) FOR deciding the appeal, we may briefly notice the facts: the Government of Andhra Pradesh (respondent No. 11 herein) issued notification dated 18. 08. 2005 whereby the office of the chairperson of Bapatla Municipal Council (for short, 'the Council') was reserved for scheduled Caste. Thereafter, District collector, Guntur (respondent No. 14 herein)issued notification dated 22. 08. 2005 reserving ward No. 8 for the Scheduled Caste. On 29. 08. 2005, the State Election Commission (respondent No. 12 herein) issued notification for holding election to the Council. As per the schedule notified by respondent No. 12, 24. 9. 2005 was fixed for election to the Wards and 30. 9. 2005 was fixed for election to the office of Chairperson.

( 3 ) RESPONDENT No. 9, who belongs to scheduled Caste (Mala), filed nomination papers for contesting election from Ward No. 8. The appellant filed his nomination as a candidate of the Indian National Congress. In the election held on 24. 9. 2005, the appellant was declared elected as Councillor from Ward no. 8. Later on, he was elected as Chairman of the Council.

( 4 ) SOON after the elections, respondent no. 1 made representation dated 22. 03. 2006 to Superintendent of Police, Guntur to investigate into the issue relating to the appellant's community status. After one month, he made representation dated 14. 4. 2006 for initiation of action against the appellant by alleging that he got himself elected by making a false claim of being a member of Scheduled Caste. A similar representation was made to Andhra Pradesh state Commission for Scheduled Castes and scheduled Tribes. On 18. 4. 2006, respondent no. 1 filed a complaint before District Collector, guntur under Section 5 read with Section 12 of the Andhra Pradesh (Scheduled Castes, scheduled Tribes and Backward Classes)Regulation of Issuance of Community certificates Act, 1993 (for short, 'the 1993 act' ). He then filed application under the right to Information Act, 2005 for supply of documents such as the application filed by the appellant in the month of August, 2005 for issuing a caste certificate, the documents enclosed to the said application for substantiating his claim as belonging to the scheduled Caste, the previous certificate, if any, issued to the appellant and the taste certificate issued to the appellant pursuant to the application made by him in the month of august, 2005, but could not get the copies of the desired documents.

( 5 ) HAVING failed to persuade the concerned authorities to enquire into the allegations made by him against the appellant, respondent No. 1 along with some voters filed writ petition under Article 226 of the Constitution of India for issue of a writ of Quo Warranto against the appellant by alleging that the appellant does not belong to Scheduled Caste and he was not eligible to contest election from Ward no. 8 and the office of the Chairperson. Along with the writ petition, the petitioners filed a copy of the Service Roll of the appellant maintained by OSS and Work Charge establishment of the office of the Assistant engineer (Operation), Bapatla, Andhra pradesh State Electricity Board and the seniority list of the Assistant Linemen prepared by the Southern Power Distribution company of Andhra Pradesh Limited, operation Division, Tenali. a successor of andhra Pradesh State Electricity Board, in support of their contention that the appellant is a Christian Mala and belongs to BC-C category.

( 6 ) IN the counter filed by him, the appellant invoked Article 243zg of the Constitution and pleaded that the writ petition is not maintainable. He further pleaded that the election can be called in question only in accordance with the procedure prescribed under the R

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