KODURU PITCHI RAJU Vs. SHAIK MAHABOOB BASHA

JUDGEMENT

(1.) This writ appeal is directed against the order dated 7-10-1982 in W.P.No. 886 of 1982 of the learned single Judge allowing the writ petition and setting aside the order of the learned District Munsif in O.P. 7 of 1981.

(2.) This appeal and W.P. No. 1068 of 1983 were taken up together for hearing since there is a common point in both the matters. W.P. No. 1068/83. was disposed of separately on 15-6-93.

(3.) The learned counsel appearing for the appellant, Koduru Pitchi Raju, raissed the following three points for consideration in this appeal : (i) 45 votes that were polled in his favour were improperly rejected by the Election Officer. (ii) two invalid persons, by name Rama Raju and Mangamma, expressed their intention to the Election Officer to vote in favour of the election petitioner, but the Election Officer cast their votes in favour of the elected person, and (iii) the voters mentioned in Annexures A,B & C of the Election Petition have voted not only in Odiveedu Gram Panchayat but also in other Gram Panchayats, and therefore those votes have to be disregarded. The relief claimed by the election petitioner, the appellant herein, is that he should be declared elected as the Sarpanch of that village. The elected person, the 1st respondent herein, filed a counter-affidavit denying the allegations made in the petition. The learned District Munsif observed that the Block Development Officers of Lakkireddipalli and Rayachoty Panchayat Samithis, instead of sending used ballot-papers of Odiveedu, have only sent the counter-foils of the used ballot papers only. He further found that the 1st respondent played a very silent game in suppressing the production of the used ballot papers and therefore, an adverse inference should be drawn against him under section 114 (g) of the Indian Evidence Act. On the second point, the learned District Munsif found that it was not established that the votes of the two invalid persons were cast in favour of the elected person. On the third point, he held that 20 voters have voted both in Odiveedu and Rayachoti Gram Panchayat elections and therefore their votes had to be invalidated.