Judgment

P.K. Balasubramanyan, J.—1. The appellant successfully contested the State Assembly Elections in 1999 from No.8 Naguru (ST) assembly constituency in the State of Andhra Pradesh. His election was challenged by respondent No.1 herein, in Election Petition No. 13 of 1999, under Section 80 of the Representation of the People Act, 1951 read with Sections 5 and 100 (1)(d)(i) of the Act. The contention raised by the first respondent was that the appellant was not qualified to contest from a constituency reserved for the scheduled tribes. According to respondent No.1, the election petitioner, the appellant was a ‘Kshatriya’ and was not eligible to contest from a constituency reserved for the scheduled tribes. His claim that he belongs to the “Konda Dora” tribe, was not true. Since he was ineligible to contest from the constituency, his election was liable to be declared void and set aside. The first respondent also prayed that he may be declared elected instead.

2. The appellant resisted the election petition. He pleaded that he belongs to the “Konda Dora” tribe which was a notified Scheduled Tribe. He was neither a `Kondaraju’ nor a `Kshatriya’. Even otherwise, `Kondaraju’ and “Kon