N GOPAL REDDY Vs. BONALA KRISHNAMURTHY

JUDGEMENT

(1.) N. Gopal Reddy, the appellant was declared elected member of the Andhra Pradesh Legislative Assembly from Gadwal Assembly Constituency, having obtained 38291 votes. Bonala Krishnamurty, respondent 1 filed an Election Petition under S. 100, Representation of the People Act, 1951, challenging the validity of the appellants election claiming relief for setting aside of the election of the returned candidate and also for declaring D. K. Samarasimha Reddy respondent 6 as duly elected. One of the grievances raised by the election petitioner was that even though the Returning Officer had issued orders on an application made by the election agent of respondent 6 for recount and scrutiny of ballot papers of all the candidates but later on, he illegally modified his order and directed for the recount of ballot papers only without opening the bundles of the ballot papers of counting the same. The election petitioner alleged that if a general recount and scrutiny of the ballot papers had been done as directed by the Returning Officer respondent 6 would have been found to have polled majority of valid votes. On the pleading of the parties a number of issues were framed but before the High Court the parties confined their case to recount of ballot papers.

(2.) The High Court by its order dt. April 23, 1986 directed recount and scrutiny of all the ballot papers polled by all the candidates at all the polling stations including the rejected ballot papers and postal ballot papers. While giving directions for the recount and scrutiny of the ballot papers learned single Judge of the High Court issued the following directions:

(3.) In view of the result of the recount and scrutiny of the ballot papers the High Court by its order dt. September, 30, 1986 set aside the appellant's. election and declared respondent 6 as duly elected.