K VENKATARAMIAH Vs. A SEETHARAMA REDDY

JUDGEMENT

(1.) This is an appeal against a judgment and order of the High Court of Andhra Pradesh confirming an order of the Election Tribunal Hyderabad by which the Tribunal dismissed an election petition filed by the present appellant. By that petition this appellant sought a declaration that the election of three persons, the present respondent, Seetharam Reddy, one Anandam and M. Ataur Rahman be declared void and that he, the petitioner, be declared as duly elected to the Legislative Council of the Andhra Pradesh from Telangana Graduates Constituency. In this appeal we are no longer concerned with the questions of validity of elections of Mr. Anandam or Mr. M. Ataur Rahman but only with that of the respondent Seetharam Reddy.

(2.) The appellant challenges the decision of the High Court mainly on the ground that in reaching its conclusion on the vital question of the age of Seetharam Reddy on the date of election the High Court took into consideration evidence which was not legally available for such consideration.

(3.) Though a large number of objections were raised in the petition to contest the validity of Seetharam Reddy's election, only four of them were ultimately pressed before the Election Tribunal, viz, (1) That Seetharam Reddy was disqualified to be chosen to fill a seat in the Legislative Council under Art. 173 (b) of the Constitution his age being below 30 years on the relevant date; (2) That the election was vitiated by undue influence exercised on the voters by some Ministers of the State of Andhra Pradesh; (3) That the secrecy of the ballot was not maintained and (4) That the election was void on account of improper deletion of names of voters in the final list.