D MADHUSUDHAN REDDY Vs. ELECTION COURT

JUDGEMENT

(1.) This Writ Petition relates to the election of Sarpanch of Udathavari- palem Gram Panchayat held on 10-3-1988 and is filed for quashing the order of the Election Court (District Munsif), Gudur (the 1st respondent herein) in I.A. No. 80 of 1990 in O.P.No. 20 of 1988 dated 9-8-1990 allowing the said T.A. preferred by the 2nd respondent herein praying for the opening of "the packets of ballot papers polled by both the parties herein and the packets containing invalid votes in respect of them and recounting" etc.

(2.) The petitioner in this Writ Petition was declared as elected as Sarpanch at the said election. He secured 654 votes and the 2nd respondent herein, another contestant in the said election, secured 649 votes. The number of invalid votes is 45.

(3.) The 2nd respondent herein filed the said O.P.No. 20 of 1988 before the 1st respondent praying inter alia for declaring the election of the petitioner herein as void and for further declaring that he was duly elected as Sarpanch. The grounds raised by the 2nd respondent in the said O.P. for the declarations sought by him, to the extent relevant for the present Writ Petition, are as follows :