CHINTA SUBBA RAO Vs. STATE

JUDGEMENT

(1.) The application of the petitioner under Article 226 of the Constitution of India is to declare that the acts and conduct of the Returning Officers of Secunderabad, Kakinada and Rajahmundry Parliamentary Constituencies (respondents 1 to 3) in the recent Mid Term Poll to the House of People are prejudicial and against his interests and their conducting the elections on the due dates without counter acting and undoing the publications of telegrams is bad and the elections held by them are bad in law.

(2.) fourth respondent is the Chief Election Officer of the State of Andhra Pradesh, whereas the fifth respondent is the Election Commission, Union of India. The Sixth respondent is one Sri Katari Narayana Rao, who is said to have issued a telegram. Respondents 7 to 9, Sarvasri M. S. Sanjeeva Rao, S. B. P. Patabhi Rama Rao and P. Shivashankar are the candidates who were declared to have been elected in the three constituencies referred to above. Respondent No. 10 is the President of the Andhra Pradesh High Court Advocates Association, Hyderabad and respondents 11 to 14 are the advocates of the Andhra Pradesh High Court.

(3.) The main grievance of the applicant is that the election authorities have derelicted their duties in the conduct of proper elections and consequently, the elections conducted by them for three Parliamentary Constituencies referred to above are illegal and void. It is averred in the affidavit filed in support of the application that he attended the High Court of Andhra Pradesh on 16-1-1980 and he heard a rumour in the High Court Advocates Association that there was a talk about the applicants death before polling in the polling stations of the aforesaid constituencies. He was informed by some Advocates on 17-1-1980 about the rumour and remark floated in the polling stations that candidate with symbol of elephant died and a telegram was received to the effect that he had died before polling. Two or three days later, the President of the Bar Association informed the petitioner the news of the telegram was received by him to the effect that the petitioner was dead before polling and it was stated so in Congress I Workers Conference of meeting in Congress I Office in Hyderabad. The Petitioners grievance is that on account of such false rumours, he did not secure majority votes and was defeated. Consequently, the conduct of elections by the Returning Officers was in substance illegal, void and has to be declared so in this Writ Petition. This in substance is the Writ petition.