AADI SREENIVAS Vs. RAMESH CHENNAMANENI

JUDGEMENT

(1.) BRIEFLY stated, the averments in the election petition are the following:

(2.) BYE -election was held for No.28 -Vemulawada Assembly Constituency, Karimnagar District in Andhra Pradesh on 27.07.2010, results were declared on 30.07.2010 in which the first respondent was the returning candidate. In 2009 General Elections, the first respondent, who was the nominee of TRS party, won the election. Subsequently, the first respondent resigned, the seat became vacant and therefore bye -election was held on 27.07.2010. In the said bye - election, the petitioner contested as candidate of Indian National Congress, the first respondent as the candidate of TRS, one Gandra Venkateshwara Rao, candidate of TDP and Devarakonda Srinivas as independent candidate. Total votes polled in the said bye -election were 1,20,987. One vote was rejected. Out of the valid votes polled, the petitioner secured 28,695, whereas, the first respondent secured 79,146 votes, Gandra Venkateshwara Rao secured 4387 and Devarakonda Srinivas secured 8759 votes. Thus, the first respondent was declared elected in the said bye -election.

(3.) IT is stated by the petitioner that the first respondent enclosed only the photo and address portion of the passport to the application. The first respondent also enclosed the residential permit dated 29.03.2009 issued by the registration officer/Superintendent of Police, Karimnagar. According to the petitioner, the residential permit has to be surrendered at the time of departure of the first respondent to a Foreign State. On the back of he said permit there is the endorsement of the Superintendent of Police, Karimnagar dated 31.03.2008 to the effect that Chennamaneni Ramesh, Foreigner of German National was intending to departure for Germany on 01.04.2008 through Rajiv Gandhi International Air Port, Hyderabad. There is another endorsement of the Superintendent of Police, Karimnagar dated 30.01.2009 which was to the effect that the first respondent came to India on 19.02.2009 and reported about his arrival in his office on 30.01.2009.