Court : Andhra Pradesh
Decided on : Jan-30-2004
Reported in : 2004(2)ALD157; 2004(4)ALT14
..... certificate of social status and it is pending enquiry. since the first respondent does not belong to any of the tribes specified in the schedule under article 342 of the constitution of india, he is not entitled to be a candidate from 8 naguru (st) legislative assembly constituency and his nomination was improperly accepted. the courts have no power to declare ..... cannot be looked into. the first respondent cannot be allowed to obtain a certificate of social status basing on a void judgment. the first respondent played fraud on the constitution of india and deceived the voters of 8 naguru (st) constituency knowing fully well that he does not belong to scheduled tribe. he gave an impression to the people that he ..... is evidence against him in an election petition, the evidence is not conclusive. the supreme court referred to clause (2) of an order called the constitution (scheduled tribes) order, 1950 issued by the president of india in exercise of the powers conferred under article 342 provided as under:the tribes or tribal communities, or pails of, or groups within, tribes or ..... was challenged on the ground that he does not belong to 'koya' scheduled tribe mentioned in the constitution (scheduled tribes) order and therefore her election from the bhadrachalam scheduled tribes parliamentary constituency was void. the entries in birth register, school records. national citizenship register, tahsildar's certificate as well as the school records of her brother and sister establishing that the .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Nov-03-2004
Reported in : 2005(1)ALD37; 2005(2)ALT274
..... 28.11.2001 wherein it was held that an order of disqualification is a matter for election tribunal and that writ petition is not maintainable under article 226 of the constitution of india.rival submissions5. learned counsel for the petitioner sri hemendranadh reddy representing sri ella reddy made the following submissions. there is no prohibition in the act preventing a person elected ..... deals with disqualifications of membership of state legislature as well as the provisions of sections 7 to 11a of the representation of the people act, 1951. article 191 of the constitution of india reads as under.191. disqualifications for membership-(1) a person shall be disqualified for being chosen as, and for being, a member of the legislative assembly or legislative council ..... he is of unsound mind and stands so declared by a competent court;(c) if he is an undischarged insolvent;(d) if he is not a citizen of india, or has voluntarily acquired the citizenship of a foreign state, or is under any acknowledgement of allegiance or adherence to a foreign state;(e) if he is so disqualified by or under any ..... law made by parliament.explanation-for the purposes of this clause, a person shall not be deemed to hold an office of profit under the government of india or the government .....Tag this Judgment!