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 1st respondent who is a permanent resident of Parvathipuram, Vizianagaram district, hails from Addapusila in Parvathipuram Mandal and is originally a zamindari family of Belgam Estate. In the Manual of the District of Vizagapatnam in the Presidency of Madras, published by the State Editor, District Gazette, Hyderabad, Andhra Pradesh in Chapter-XII relating to Belgam Family and Estates at page 327, it is mentioned that the family belongs to ‘Hill Rajah’ (Konda Raju) caste. In 2004(4) ALT 14, the High Court referred in paragraph 84 to the Manual of District of Vizagapatnam in the Presidency of Madras, compiled and edited by D.F. Carmichael, which was reprinted in 1869 and referred to Hill Zamindaris from pages 322 to 332 mentioning the caste to which the respective zamindars belong. Belgam Zamindar was shown as ‘Konda Raju’ and the 1st respondent is, therefore, not qualified to contest from 130-Kurupam (S.T.) Assembly Constituency, reserved for Scheduled Tribes, since he is not a member of any of the Tribes in the State of Andhra Pradesh. The family of the 1st respondent described themselves as ‘Kshatriyas’ in registered documents Nos.132 of 1945, 419 of 1945 and 1294 of 1947 executed by the real brother of the 1st respondent’s grand father, 821 of 1948 executed by the great grand father of the 1st respondent, 1909 of 1962 executed by the great grand father of the 1st respondent and another registered document, dated 07-05-1957 executed by the 1st respondent’s ancestor. In the last two documents, the 1st respondent’s father was a signatory. The mother of the 1st respondent also hailing from ‘Kshatriya’ caste is the sister of Sri Satrucharla Vijaya Rama Raju, who was declared in Election Petition No.13 of 1999 as not belonging to any Scheduled Tribe in Andhra Pradesh State, but belonging to ‘Kshatriya’ caste. This petitioner is the petitioner therein and the judgment was confirmed by the Supreme Court in a decision reported in 2005 AIR SCW 6197. The 1st respondent’s mother is the Chairperson of the Parvathipuram Municipality, having been elected from Ward No.26, reserved for Scheduled Tribe, on which the petitioner filed a petition before the District Collector, Vizianagaram to enquire into the social status of the mother of the 1st respondent under the Andhra Pradesh (Scheduled Castes, Scheduled Tribes & Backward Classes) Regulation of issue of Community Certificate Act, 1993 and Rules 1997 and the petitioner filed W.P. No.27217 of 2008 complaining against the inaction of the Collector. The High Court directed on 28-01-1999 the District Collector, Vizianagaram to take final decision before 15-05-2009 and the enquiry is pending. Though the petitioner objected to the nomination of the 1st respondent, the 7th respondent rejected the said objection and ‘Ks