D SANJEEVIAH Vs. ELECTION TRIBUNAL A P

JUDGEMENT

(1.) At the last General Election to the Andhra Pradesh Legislative Assembly, which was held in February, 1962, the Petitioner in this Writ Petition (Sri D. Sanjeevyya) and the 2nd respondent to this Writ Petition (Sri P. Rajaratna Rao) were the contesting candidates for election from the Kodumuru Constituency in Kurnool District. It was a straight fight. The result of the election was announced on February 25, 1962 and the petitioner was declared to have been elected by a majority of about 7000 votes. The result of the election was notified in the Andhra Pradesh Gazette on March, 3, 1962

(2.) On April 11, 1962, the 2nd respondent presented an election petition (Election Petition No. 180 of 1962) under Sec. 81 of the Representation of the People Act, 1951, (hereinafter referred to as "the Act") calling in question the election of the petitioner on the ground that various corrupt practices had been committed at the election and claiming a two fold relief namely, that the election of the petitioner should be declared to be void and that he himself should be declared to have been duly elected. In due course, on July 31, 1962 the Election Commission referred the Election Petition to the Election Tribunal, for trial after the petitioner had filed his written statement, the Tribunal framed twenty-two issues on February 27, 1963. But the trial of the election petition could not be proceeded with as the petitioner filed several interlocutory applications one after another, raising various objections and when they were overruled by the Tribunal, he has been filing one writ petition after another before this Court. The earliest of such writ petitions which was filed by the petitioner on October 21, 1963, (W.P. No. 1183 of 1963) was dismissed by this Court by an order dated December 23, 1964.

(3.) The present Writ Petition (W.P. No. 1253 of 1965) was filed on September 2, 1965. with a composite prayer which was worded thus: