Hyderabad (22/11): The Andhra Pradesh High Court on Monday set aside the election of Telugu Desam Party (TDP) legislator Suman Rathod on the ground that she falsely claimed to be a tribal.
The court ruled that she did not belong to the Scheduled Tribes (ST) and was ineligible to represent Khanapur constituency in Adilabad district. The constituency is reserved for the Scheduled Tribes (ST).
The court, however, stayed the operation of the judgment for six weeks to enable Suman to challenge it in the apex court.
Suman, wife of TDP MP from Adilabad Ramesh Rathod, told reporters that she would challenge the verdict in the Supreme Court. She alleged that it was a conspiracy by ruling Congress leaders against her.
The court ruling came on a petition of an organisation fighting for the rights of tribals, which alleged that she made a false claim to be a tribal at the time of the 2009 elections.
The petitioner pointed out that Suman hailed from Maharashtra and belonged to the Lambadi community, which was a backward class in the neighboring state but recognized as a ST in Andhra Pradesh.
Last year, the Adilabad district collector cancelled her caste certificate, saying she resorted to fraudulent means to obtain it.
Suman, who challenged the collector's action in the high court, contended that she shifted to Adilabad from Maharashtra in the 1970s and married Ramesh Rathod, who is also a tribal.
She pointed out that nobody had challenged her election from the same constituency in the 2008 by-election.
TDP MLA Suman Rathod’s election sets aside
HYDERABAD: The AP High Court on Monday declared the election of TDP leader Suman Rathode as an MLA from Khanapur in Adilabad district as illegal.
Rathod contested the reserved ST assembly seat in the 2009 election and won it against her nearest rival Ajmeera Hari Naik of the Congress. However, the court gave her six weeks time to appeal against this oder in the Supreme Court during which period the HC order stands suspended.
Charging that she does not belong to the ST community, the defeated Congress leader approached the HC with an election petition. He contended that Rathod belongs to Banjara community of Maharashtra where the community was recognised as backward community and not ST. He urged the court to declare her election as illegal and declare him the winner.
Justice K C Bhanu, while allowing the election petition, held that the Amendment Act 2003 is not applicable to Banjara community people, who are residing in AP for a considerable period of time. The Act is applicable only to those whose ancestors or their offsprings are residents of the locality in any part of state in pursuance of the Constitution (ST) Order 1950.
The judge refused to declare the petitioner as elected by observing that in accordance with the Representation of People's Act such relief can be granted only in case if either the respondent obtained majority through corrupt practices or if the petitioner has got more valid votes than the respondent.
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