A NARENDRA Vs. C KRISHNA YADAV

JUDGEMENT

(1.) This election petition is filed Under Sections 80, 80(a), 81 to 83, 98 to 100 & 101 of the Representation of the People Act, 1951 for an order, directing inspection, scrutiny and recount of the ballot papers polled, including the rejected ballots in the poll held on 1-12-1994 for 207 Himayatnagar Assembly Constituency; declaring the election of respondent No.l for the said Constituency as illegal; and consequently declaring the petitioner as duly election to fill in a seat in the A.P. Legislative Assembly from Himayatnagar Constituency.

(2.) The petitioner, among 18 others contested on behalf of the Bharatiya Janata Party from 207 Himayatnagar Assembly Constituency to the A.P. Legislative Assembly in the elections held on December 1, 1994. The first respondent contested as a candidate on behalf of Telugu Desam Party (TDP). The fifth respondent contested as a nominee of the Indian National Congress (INC). The other candidates include independent candidates. The 19th respondent is the Returning Officer.

(3.) The total number of votes in the 207 Himayatnagar Assembly Constituency is 1,76,839; while the valid and rejected votes polled are 86,893 and 1.352 respectively. The postal votes are 23, while the tender votes are 34. Counting commenced on 9-12-1994 in the premises of Engineering College, Osmania University campus, Hyderabad. On 10-12-1994, the 19th respondent declared the first respondent as duly elected to fill the seat in the Legislative Assembly of A.P. with a majority of 67 votes and issued the declaration in Form No.21 under Section 66 of the Representation of the People Act, 1951 read with Rule 64 of the conduct of Election Rules, 1961, according to whom the first respondent has polled 27,778 votes; whereas the petitioner has polled 27,711.