TADUR BALA GOUD Vs. M NARAYAN REDDY

JUDGEMENT

(1.) This appeal by special leave arises from the order of the High Court of Andhra Pradesh dated 25-1-1988 in Election Petition No. 1 of 1985. The High Court by the impugned order "set aside the proceedings of counting and the resultant declaration" made on 28-12-1984 in respect of the election to the Lok Sabha held on 27-12-1984 from 34, Nizamabad Parliamentary Constituency consisting of 7 Assembly Segments. The High Court directed the Secretary to the Elect on Commission to conduct the counting of he votes afresh in the said Constituency from which the appellant was declared elected to the Lok Sabha. The 1st respondent, M. Narayan Reddy was one of the six candidates who contested the election. According to the result declared by the Returning Officer, the appellant secured 2,51,172 votes while the lst respondent, the election petitioner, secured 2,48,725 votes. The lst respondent filed Election Petition under Sections 80 and 81 of the Representation of the People Act, 1951 (43 of 1951) (hereinafter referred to as the 'Act') seeking a declaration that the election of the appellant was void and that the 1st respondent was duly elected from the said Constituency.

(2.) The election was challenged by the 1st respondent broadly on three grounds:

(3.) The pleading in regard to this issue is contained in paragraph 13 of the Election Petition. It reads: