Judgment

P.K. Balasubramanyan, J.—The election of the appellant from Sringavarapukota 28 S.T. Assembly constituency in Vizianagaram District of Andhra Pradesh to the legislative assembly in the elections of the year 1999 was challenged under the Representation of the People Act before the High Court of Andhra Pradesh in three Election Petitions. Two of them were by defeated candidates and one of them by a voter in the constituency. The election petition [E.P. No. 25 of 1999] filed by one of the defeated candidates abated due to the death of the petitioner therein during the pendency of the election petition in the High Court. The other two election petitions were allowed by the High Court upholding the challenge to the election of the appellant on the ground that the appellant was not qualified to contest from a constituency reserved for Scheduled Tribe candidates. Thus the election of the appellant was set aside. Aggrieved thereby, the appellant has filed these appeals under Section 116A of the Representation of the People Act, 1951.

2. The question that fell for decision before the High Court in the Election Petitions filed under Section 81 read with Section 100 of the Act and tha