K V NARAYANA RAO Vs. P PURUSHOTHAM RAO

JUDGEMENT

(1.) These two appeals are preferred against the judgment and order of (a learned single Judge) the Andhra Pradesh High Court in Election Petition No. 16/90, allowing the election petition with costs and setting aside the election of the appellant (first respondent in the election petition) from No. 246, Sirpur Legislative Assembly constituency. Civil Appeal No. 3597/91 is preferred by the returned candidate while Civil Appeal No. 4086/91 is preferred by the election petitioner against the findings recorded by the learned single Judge on issues 1 to 5 recorded against him. For the sake of convenience, we shall refer to the returned candidate as the appellant and the election petitioner as the respondent.

(2.) Apart from the appellant and the respondent, there were four other candidates in the fray. The appellant contested as an independent candidate, the first respondent on behalf of the Telugu Desam Party and the fifth respondent on behalf of the Congress (1) Party. Respondents 2, 3 and 4 were independent candidates. Polling was held on 22-11-1989. The appellant was declared elected having secured 25,860 votes, the highest. The respondent obtained 23,419 votes whereas the fifth respondent (Congress (I)) candidate got 23,419 votes. Respondents 2, 3 and 4, the other independent candidates, got very few votes.

(3.) In the election petition, the respondent not only sought invalidation of the appellant's election but also sought a declaration to the effect that he is the duly elected candidate from the said constituency. The grounds on which he impugned the appellant's election are the following: