Brief averments of the election petition are that the election to the Rampachodavaram Assembly Constituency No.172 in East Godavari District was held on 16.4.2009. The said Assembly constituency was reserved for Scheduled Tribe candidates. The petitioner filed nomination as an independent candidate along with a community certificate stating that he belongs to Konda Kapu Community, a Scheduled Tribe. The nomination was objected to by the 6th respondent, the returned candidate on the ground that the petitioner does not belong to Scheduled Tribe and he belongs to Kapu community which is a forward caste. The Returning Officer rejected the nomination holding that the petitioner does not belong to Scheduled Tribe.

2. The petitioner filed the present election petition to declare the order passed by the 4th respondent, Returning Officer, rejecting his nomination as illegal, arbitrary and unjust, prompted by mala fides and also contrary to Section 21 of the Andhra Pradesh (SCs, STs and BCs) Regulation of Issue of Community, Nativity and Date of Birth Certificates Act, 1993 read with Rule 21 of the Andhra Pradesh (SCs, STs and BCs) Regulation of Issue of Community, Nativity and Date of Birth Certificates Rules 1997 and in violation of orders, dated 29.12.2009 passed by the High Court of Andhra Pradesh in Writ Petition No.28299 of 2008 and to declare the election of the 6th respondent to the Rampachodavaram Assembly Constituency No.172 in East Godavari District as void.

3. He submitted that he belongs to Konda Kapu community which is a listed Scheduled Tribe in the Presidential Order. His family members have been residing in Agency Tracts of Godavari District from times immemorial and they have been recognized as members belonging to Konda Kapu community, Scheduled Tribe. His father late Anantha Chakra Rao was very active and renowned politician in the locality, he was elected as the President, Panchayat Samithi, Addateegala and later as President, Mandal Praja Parishad, Addateegala as member belonging to Scheduled Tribe Community. His paternal grand-father late Anantha Veera Raju was elected as Samithi President of Addateegala, which was reserved for Scheduled Tribe. His maternal great grandfather late Padala Veeraraju was elected thrice as the Samithi President of Addateegala Panchayat Samithi as Scheduled Tribe candidate.

4. He further submitted that even earlier there were several objections made by the opponents about the social status of the family members of the petitioner. The State Government made several enquiries and ultimately confirmed that his family members belong to Konda Kapu Community. The land transfer proceedings under the provisions of the A.P. Scheduled Areas Land Transfer Regulation 1 of 1959, were initiated many times against their family members. In all those proceedings, it was held that his family members belong to Konda Kapu community. The petitioner also referred to some other proceedings relating to certain issues at various points of time in favour of his family members stating that they belong to Konda Kapu community.

5. According to the petitioner, ignoring all the previous proceedings and certificates, the District Collector, East Godavari passed an order in Reference No.C5/2386-B/98, dated 17.5.2005 on an erroneous view of the matter declaring the social status of his mother, his paternal uncle, Anantha Eswar Rao and his wife Anantha Mangatayaru stating therein that they did not belong to Konda Kapu Community. The said proceedings were never communicated to them and never published in the Andhra Pradesh Gazettee. However, on coming to know about the proceedings, the aforesaid three individuals preferred an appeal before the Government of Andhra Pradesh, Social Welfare (CY-II) Department under Section 7 of the Andhra Pradesh (SCs, STs and BCs) Regulation of Issue of Community, Nativity and Date of Birth Certificates Act, 1993, but the Government of Andhra Pradesh, Social Welfare Department dismissed