CHITTURI INDIRIAH Vs. MULLAPUDI HARISCHANDRA PRASAD

JUDGEMENT

(1.) This is an application filed under Article 227 of the Constitution of India questioning the validity of an order dated 25th September, 1962, passed by the Election Tribunal, Eluru.

(2.) The facts which are relevant for the purposes of this petition are that the petitioner contested a seat for the Andhra Pradesh Legislative Assembly Constituency, Tanuku in the West Godavary District in the General Elections held in February, 1962. The respondent was the sole candidate against him. As a result of the election with a margin of 111 votes the respondent was declared elected. The petitioner therefore challenged the election on various grounds through his Election Petition No. 49 of 1962 including that of bribery and hiring and procuring vehicles for carrying the voters to the polling booths. The respondent in his counter raised several objections to the petition inter alia pleading that paragraphs 7, 8, 10, 13 and 14 to 16, should be struck off as they do not disclose material facts contemplated by various provisions of the Representation of the People Act.

(3.) Several issues were framed including some issues which, related to the defects pointed out by the respondent in his counter. The Tribunal after hearing the parties directed the petitioner through its order dated 6th September, 1962 to apply for leave to amend or amplify the particulars of the corrupt practices alleged in paragraphs 13 to 16 of the petition and also asked him to furnish material facts in respect of the allegations made in paragraphs 7, 8 and 10 of the petition. In pursuance of this order the petitioner filed an application for amendment of the petition on 19th September, 1962 which was allowed by the Tribunal. The Tribunal, however, on 25th September, 1962 struck off some portions of paragraphs 8, 10, 13 (c), 14, 15 and 16 of the petition. It is against this order of 26th September, 1962 that the petitioner has come before this Court.