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 o