B R RAO Vs. N G RANGA

JUDGEMENT

(1.) At a bye erection held in April 1967 to elect a member of the Lok Sabha from the Srikakulam parliamentary constituency there were two contesting candidates -Boddepalli Rajagopala Rao-hereinafter called "the appellant"- and N. G. Ranga - hereinafter called "the respondent". The respondent was declared elected. The appellant filed an application in the High Court of Andhra Pradesh to set aside the election of the respondent on the ground that the respondent had committed diverse corrupt practices described in Section 123 (l) (A) (a), (b), (5) and (6) of the Representation of the People Act, 1951.

(2.) Counsel for the appellant restricted his argument to the following charges set out in the petition:

(3.) (ii) In respect of the charge of bribery of Rs. 10,000/-, it was alleged in the petition that Latchhana, election agent of the respondent visited Kothakota at 8-00 p.m. on April 26,1967 and paid Rs. 10,000/- to one D. Jaganatha Rao a resident of that village for constructing a "High School building" in that village. The payment, it was said, was made with the object of inducing the voters of Kothakota and three contiguous polling stations to vote for the respondent. This was denied by the respondent. In support of the allegation the appellant examined Dhavala Appalla Suri P. W. 7, Kusumanchi Adinarayana P. W. 8 Galala Ramulu P. W. 9 and Amballa Appalla Suri P. W. 11 and relied upon some documentary evidence also. In answer the respondent examined himself, his election agent and witnesses K. Chalapatirao Patnaik, R. W. 1, Dola Jagannatha Rao R. W. 6, D. Kondaih Choudari R. W. 8 and Alla Venkatarao R. W. 16, and relied upon certain documentary evidence. On a consideration of the evidence the learned Judge observed that the entire oral evidence in support of the appellant's case was "highly discrepant and did not "merit credence". The High Court observed that.