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2012 Supreme(AP) 739

G.BHAVANI PRASAD
Nimmaka Jaya Raju – Appellant
Versus
Janardhana That Raj Veera Vara Thodaramala – Respondent


Advocates appeared:
For the Petitioner:Bojja Tarakam & V. Raja Manohar, Advocates.
For the Respondents:R1, D. Prakash Reddy & P. Kesavarao, Advocates.

Judgment :-

1. An election petition under Section 81 read with Section 5(a) and Section 100(1)(a) and (d)(i) of the Representation of the People Act, 1951 (for short “the Act”) to declare the election of the 1st respondent to 130-Kurupam (S.T.) Assembly Constituency to be null and void, set aside the same and declare the petitioner to have been duly elected as Member from that Constituency under Section 84 of the Act.

2. The petitioner claims to have contested the election to 130-Kurupam (S.T.) Assembly Constituency held on 16-04-2009 as the candidate of Praja Rajyam Party, while the 1st respondent contested as the candidate of Indian National Congress Party and respondents 2 to 6 are the other contesting candidates from other parties or as independents. While the 1st respondent secured 48,493 votes, the petitioner secured 33,440 votes and the 1st respondent was declared elected on 16-05-2009. The petitioner claims to be belonging to ‘Jatapu Tribe’ included in the Scheduled Tribes Order, 1976 in relation to the State of Andhra Pradesh. The 1st respondent is ‘Kshatriya’, which is not included in the List of Scheduled Tribes concerning the State of Andhra Pradesh. The family of the


































































































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