ANANTHULA MADHAN MOHAN Vs. KALAVAKUNTA CHANDRA SEKHARARAO

JUDGEMENT

(1.) The election for the membersh of the Andhra Pradesh Assembly fro Siddipet Assembly Constituency took place on 5th January, 1983. One Sri Ananthula Madhan Mohan who contested as Congress-I' candidate, won the election. One Sri Kalavakunta Chandrasekhararao was his rival candidate who contested as Telugu Desam candidate and was defeated. The defeated candidate filed Election Petition No. 18 of 1983 alleging certain corrupt practices. In the said election petition, Sri Madan Mohan, the elected candidate, is the 1st respondent. He has filed this application praying that the Election Petition No. 18 of 1983 filed should be dismissed under section 86 of the Representation of the People Act, 1951, hereinafter referred to as "the Act", inasmuch as it does not comply with the statutory requirements and therefore, it is not a petition in the eye of law and should therefore be dismissed.

(2.) For the sake of convenience, the elected candidate, who has filed this application raising the preliminary objection, shall be referred to as the petitioner", and the election petitioner shall be referred to "the espondent.

(3.) The contention of the learned Counsel for the petitioner is that copies of the documents and schedules which constitute integral part of the election petition have not been supplied to the petitioner herein, which amounts to breach of a mandatory provision contained in section 81 (3) of the Act. To appreciate this submission, it is necessary to refer to some of the provisions of the Act.