VINJAMURI PARTHASARATHI Vs. P. RAMACHANDRA RAO AND OTHERS

JUDGEMENT

(1.) IN this application a declaration is sought that the election of all the respondents as members of the Andhra Bar Council is null and void. The applicant was one of the candidates for the elections to the Andhra Bar Council that were held on 6 -1 -1955. Thirty -four members of the Bar contested the elections of whom the ten respondents were declared duly elected, the applicant securing only the 24th rank.

(2.) ALL the respondents filed counters denying the allegations in the letter of the applicant. At the hearing of the application, a preliminary objection was raised that one application for setting aside the election of the respondents was not maintainable and the application should, therefore, be dismissed 'in limine'. To appreciate this contention, it is necessary to set out the relevant provisions of the Andhra Bar Council Rules. Rule 21 provides:

(3.) IT is argued that the expression "election of a candidate" is significant and shows that the rule contemplates that separate petitions should be filed for setting aside the election of each successful candidate. Otherwise, if an omnibus petition of this kind were permitted it would lead to confusion. The ground of challenge must be brought home to each one of them and vague and general allegations impugning the election as a whole would not satisfy the requirements, the language of the rule being consistent only with the construction that the election of one candidate alone could be questioned in one application.