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.