D SANJEEVAYYA Vs. ELECTION TRIBUNAL HYDERABAD

JUDGEMENT

(1.) Although arguments in this case have travelled far and wide, the central question that falls for determination is a short and simple one, and may be formulated thus: Whether under Section 86 (1) of the Representation of the People Act, 1951, it is incumbent on the Election Commission to cause a copy of an affidavit accompanying in election petition, to be published in the Official Gazette and to be sewed on the respondent to an election petition, before inferring the petition to an Election Tribunal for trial?

(2.) Before answering this question, it is necessary to get out a few preliminary facts which are not in dispute. At the last General Election to the Andhra Pradesh Legislative Assembly held in February, 1962, the petitioner in this writ petition and the 2nd respondent were the contesting candidates for election from the Kodumuru Constituency in Kurnool District. On 25/02/1962, the petitioner was declared to have been elected by a majority of about seven thousand votes. The result of the election was duly notified in the Andhra Pradesh Gazette on 3/03/1962.

(3.) On 11/04/1962, the 2nd respondent presented an election petition (Election Petition No. 180 of 1962) under Section 81 of the Representation of the People Act, 1951--hereinafter called the Act--calling in question the election of the petitioner on various grounds including certain corrupt practices specified therein. The election petition was in the form prescribed by Section 83 of the Act and contained a statement of the material facts on which the 2nd respondent sought to rely as also the particulars of the several corrupt practices alleged to have been committed by the petitioner and the names of the parties involved in them. The petition was signed and verified by the 2nd respondent as required by Section 83 (1) (c) of the Act. Furthermore, as contemplated by the Proviso to Sub-section (1) of Section 83, the petition was accompanied by an affidavit in the prescribed form in support of the allegations of corrupt practices and the particulars thereof.