KANAMARLAPUDI VENKATESWARLU Vs. SYED KARIM SAHEB

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India to call for the records in Election Petition No. 14 of 1953 on the file of the Election Commissioner, Gurzala, and to issue a writ of certiorari quashing the order therein dated the 10th April, 1954.

(2.) There was an election for the Presidentship of Dachepalli Panchayat on 22nd May, 1953. The 1st respondent and the petitioner were the contestants at the said election. In the voting held in four wards, the petitioner got a total number of 1184 votes as against 1177 votes polled by the ist respondent. The petitioner was declared duly elected as the President of the Panchayat Board. The 1st respondent thereupon filed Election Petition No.14 of 1953 on the file of the Election Commissioner, Gurzala, for setting aside the election and for declaring him as the duly elected President of the Panchayat Board.

(3.) In his Election Petition the ist respondent listed the following irregularities as having been committed by or at the instance of the petitioner; (a) Eight voters, that is, P.Ws. 2 to 9 have been improperly refused admission at the time of the voting; (b) there was false personation of persons who were dead at the time of the election ; (c) there was false personation of living voters ; (d) improper admission of a non-voter, R.W. 9 who is a member of Legislative Assembly ; (e) the voters, were made to sit in groups ; and (f) bribes were offered to the voters.