MAJJI NARAYANA RAO Vs. G S SHIVAJI

JUDGEMENT

(1.) This election petition was filed by one of the candidates who contested from No.2 Sompeta Assembly constituency in the elections held in November, 1989. Besides the petitioner, R.1 and R.2 herein contested from the said constituency and R.1 was declared elected. The election of R.1 was challenged inter-alia on the grounds that the elections were not free and fair and the electorate could not exercise their electoral right and the right to vote was totally throttled, and booth No.99 Pidi Mandasa, booth No.89 Ambugam, booth Nos.91 and 92, Tallabhadra, booth No.90 Ambugam Bodduluru, booth No.109 Kantragada, booth Nos.63,64,65 and 66 Mandasa, booth No.88 Lohari Banda, booth No.87 Dunnuru and booth No.153 Sariapalli werecaptured and the votes were rigged and polled by impersonation. It was also alleged that the S.I, of Police Mandasa abused his power and committed various irregularities which materially affected the election and the election is vitiated. It was further pleaded that R.1 obtained and procured the assistance of the said S.I, for the furtherance of the prospects of his election.

(2.) The allegations in regard to booth capturing, rigging of votes, and polling by impersonation in regard to booth No.87 in Dunnuru, booth No.88 in Lohari Banda and in booth Nos.63 to 66 in Mandasa are referred to in paras 7(f) to (h), and the allegations as against the S.I. of Police Mandasa and the procurement of his assistance by R.1 are referred to in para 8 of the election petition.

(3.) R.1 herein the elected candidate filed application No.485/90 for striking off paras 7 and 8 of this election petition. By my order dt.31-8-90 the paras 7(f) to (h) and the allegations as against the S.I. of Mandasa and about R.1 procuring his assistence in para 8 were struck off. Hense there is no need to further advert to the same in this election petition.