CHADIPIRALLA NARAYANA REDDY Vs. PONNAPUREDDY RAMA SUBBA REDDY

JUDGEMENT

(1.) The petitioner who filed the Election Petition under Sections 80, 80(A), 81, 82, 84, 100(i)(d), (iii) and (iv), and 101 (A) of the Representation of the People Act, 1951 seeks declaration that the election of the first respondent to the Andhra Pradesh Legislative Assembly from 158-Jammalamadugu Assembly Constituency is illegal, null and void, and for costs.

(2.) The case of the petitioner in brief is thus: - Elections to Jammalamadugu Assembly Constituency along with Cuddapah Parliamentary Constituency were held on 05.09.1999. Jammalamadugu Assembly Constituency is one of the segments in the Cuddapah Parliamentary Constituency. The petitioner contested on behalf of the, India National Congress, hand' symbol, while the first respondent contested on behalf of the Telugu Desam Party(TDP) with bicycle symbol; respondents 2, 3 and 4 contested on behalf of the Janata Dal(secular), NTR-TDP and Anna-TDP respectively and respondents 5 to 10 contested as independent candidates with various symbols in the said elections.

(3.) Counting of votes was taken up on 06.10.1999 in two halls of the Government Women Polytechnic Building, Cuddapah. The table of the Returning Officer (R.O) was placed at hall NO.1. The Revenue Divisional Officer, Jammalamadugu, was the R.O. The Mandal Revenue Officer, Pedamudiam, by name, Mr. Narasimhalu, was the Assistant Returning Officer(A.R.O), in-charge of hall No.2. Mr.Lakshmaiah, The Mandal Revenue Officer (M.R.O.) of Jammalamadugu, was in-charge of all the arrangements in both the halls. The M.R.Os. of Kondapuram, Pedamudiam and Mylavaram, assisted the R.O. in hall No.1. A barricade was erected with iron mesh covering the counting tables all around. Twelve tables were provided in each hall. Out of them tables 1 to 6 were earmarked for Jammalamadugu Assembly Constituency and table Nos.7 to 12 for parliamentary Constituency for the purpose of counting. A big wooden tray was placed on each counting table which occupied the area on the table. Three counting assistants with one counting supervisor were placed at each counting table.