PENDYALA VENKATA KRISHNA RAO Vs. POTHULA RAMA RAO

JUDGEMENT

(1.) The Election Petition No.2 of 2004 has been filed by the petitioner Pothula Rama Rao, who is an elector in Kowur Legislative Assembly Constituency. He is the sympathizer and supporter of Indian National Congress, a registered and recognized political party. The first respondent Pendya Venkata Krishna Rao is the elected candidate from No.72 Kowur Assembly Constituency of Andhra Pradesh State Legislative Assembly, set up by the Telugu Desam Party (in short TDP). The second respondent is the Returning Officer of the said Constituency. The third respondent is the District Election Officer. The parties herein are referred to as they are arrayed in the Election Petition.

(2.) The first respondent filed Application No. 1064 of 2004 under Order VI Rule 17 of Civil Procedure Code to strike off all the proceedings of Paras 8 to 11 in the Election Petition. Application No.1065 of 2004 is filed under Order VII, Rule 11(1 )(a) of Civil Procedure Code, read with Section 83 of Representation of Peoples Act, 1951 to reject the Election Petition.

(3.) As per the averments in the Election Petition; the elections for the aforesaid constituency to the Legislative Assembly of the State of Andhra Pradesh were held on 26-4-2004 and seven candidates contested for the membership of the Assembly from the said constituency. They are: