S BHAGAVAN REDDY Vs. ELECTION TRIBUNAL

JUDGEMENT

(1.) This writ petition is filed challenging the order of the Principal Senior Civil Judge, Kakinada in O.P. No. 103 of 2001 dated 15-4-2003.

(2.) The O.P. was filed by the 2nd respondent in the writ petition, challenging the election of the petitioner as member of Zilla Parishad Territorial Constituency (ZPTC) Peddapudi of East Godavari District in the elections held on 15-7-2001. Through its order dated 15-4-2003, the Trial Court had set aside the election of the petitioner and directed recounting of the polled votes. The petitioner contends that the order of the Trial Court is contrary to law and opposed to the facts.

(3.) According to him, the Trial Court has misdirected itself in setting aside the election and thereafter directing recounting of votes. It is urged that not even an issue was framed as regards recounting of votes and simply by jumping to certain conclusions, it had set aside the election and directed recounting of votes.