DASYAM VINAYA BHANSKAR Vs. DHARMA RAO MARTHINENI

JUDGEMENT

(1.) .The election petitioner seeks declaration that the election of the first respondent from 270-Hanumakonda Assembly Constituency in the State of Andhra Pradesh is void and further to declare the petitioner as having been duly elected.

(2.) . The case of the election petitioner is as follows: Pursuant to the notification issued by the Election Commission, polling in respect of 270-Hanumakonda Assembly Constituency was conducted on 18-09-1999. As many as 14 candidates contested in the said election. The election petitioner contested as an independent candidate whereas the first respondent contested as a candidate of Bharatiya Janata Party (BJP); the second respondent contested as a Congress-l candidate and all others contested in the said election as independent candidates. Counting of votes was commenced on 06-10-1999 and on the morning of 07-10-1999 the result was declared. The petitioner secured 33,146 votes, the second respondent Congress-l candidate secured 38,488 votes and the first respondent secured 52,752 votes. The respondents 3 to 13 secured, 1,950; 963; 893, 686.; 664, 581; 338; 274; 260; 242 and 117 votes respectively and they lost their deposits. The Returning Officer declared the first respondent as having been elected as he secured highest number of votes among them.

(3.) The result of the election was materially affected by corrupt practices committed by the first respondent and his agents with his consent. The first respondent through his agents and henchmen with his consent bribed the electorate through DWACRA Groups, Youth Clubs, Student Cricket Clubs, Youth Associations, Manila Sangams, etc. by distributing cash and by giving gifts like cricket kits, cooking utensils and thereby induced electorate to vote in his favour.