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Telugu Desam MLA's election set aside

Legal Correspondent

Congress candidate Rajanna Dora declared new legislator by HC

HYDERABAD: The election of Telugu Desam legislator Rajendra Pratap Bhanj Deo from Salur (ST) Assembly constituency in Vizianagaram district was set aside by the Andhra Pradesh High Court on Friday and it was declared that P. Rajanna Dora would be the MLA.

Mr. Rajanna Dora of the Congress had lost to Mr. Bhanj Deo in the 2004 Assembly elections by a margin of 2,493 votes. Mr. Bhanj Deo secured 48,580 votes against Mr. Dora's 46,087.

Justice Seshasayana Reddy of the High Court was allowing the election petition filed by Mr. Rajanna Dora. The petitioner alleged that Mr. Bhanj Deo had wrongfully claimed himself to be a Konda Dora tribal when, in fact, he was a Kshatriya. He sought a direction from the court to set aside the election.

After perusing the evidence of both sides, Justice Reddy concluded that Mr. Bhanj Deo did not belong to any of the tribes mentioned in the Constitution of India. The judge did not believe his version that the Konda Doras were the ruling class among the tribals. The entries in the court record, which dated back to 1915, showing the grandfather of Mr. Bhanj Deo as a tribal were not of much of credence, he said.

The court considered the fact that the elder brother of the elected candidate was facing the same charges and there was a judgment of a three-judge bench that he was not a tribal. When there were two candidates in an election and one of them was declared to be not fit to hold the post, the second candidate would automatically get the post, the judge declared, relying upon a Supreme Court judgement.

It was declared that Mr. Rajanna Dora would be the new MLA but the judge suspended the operation of the judgement till April 7.

Jubilation

Special Correspondent adds: Mr. Bhanj Deo, who was elected from the Salur (ST) constituency thrice — 1994, 1999 and 2004 — told reporters that he would contest the judgement in the Supreme Court.

According to a report from Vizianagaram, there was jubilation in the Congress camp following the High Court verdict. Mr. Rajanna Dora had filed the election petition in June, 2004.

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