HC orders recovery of pay from Andhra Pradesh ex-minister

HYDERABAD: In a significant development, the Hyderabad High Court on Monday directed the secretary to Andhra Pradesh State Legislative Assembly to take steps to recover the pay and allowances paid to senior politician and former minister Satrucharla Vijayarama Raju during his tenure as MLA of Nagur ST constituency in Vizianagaram district between 1999 and 2004.


Justice P Naveen Rao was delivering his judgment in a writ petition filed by Nimmaka Jayaraju seeking the court to prosecute Satrucharla, former minister and MLA, on the ground that he got elected by furnishing a wrong proof that he belongs to Scheduled Tribe (ST) category even though he is a Kshatriya.

S Vijayarama Raju
S Vijayarama Raju


Senior counsel A Satya Prasad, appearing for the petitioner, submitted that the High Court earlier heard an election petition and held that Satrucharla Vijayarama Raju is not an ST and that he actually belongs to Kshatriya community. It also held that his very contest from Nagur, a constituency reserved for STs, was wrong.
Hence, a direction from the court is sought to prosecute Raju for claiming various political benefits with a false community status and also for recovery of pay and perks paid to him for the said period.      

           
The senior counsel further said that the Supreme Court also confirmed the order of the High Court on the caste status of Raju.  A Kshatriya obtaining an ST certificate and enjoying the benefits meant for STs was in contravention of the provisions of the AP (SC, ST and BC) Regulation of issue of Community Certificates Act, 1993, he contended.


After hearing the case and perusing the material on record, Justice Naveen Rao directed the Assembly secretary to recover the amount paid to Raju between 1999 and 2004. The judge took into consideration the fact that the former minister lost the election petition solely on the ground that he was found not to be ST (Konda Dora) as claimed by him.


The judge, however, declined to consider the petitioner’s argument that Raju should be prosecuted. The Act does not have any provision to prosecute the errant ones, the judge noted.

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