PURUSHOTAM REDDY VUPPUNUTHALA Vs. GURRAM YADAGIRI REDDY

JUDGEMENT

(1.) The petitioner Purushotam Reddy Vuppunuthala contested the 290 - Ramannapet Legislative Assembly Costituency in the elections held to the Andhra Pradesh Legislative Assembly on 1-12-1994 as an independent candidate on 'BELL' symbol. The Returning Officer announced the result of the election on 10-12-1994 declaring the Respondent No.1 - Gurram Yadagiri Reddy as the returned candidate. Respondent Nos. 2 to 12 also contested from the said constituency. The Respondent No. 1 won the said election by a margin of 991 votes, which according to the petitioner was a slender margin. The petitioner by filing the present election petition prays for recounting of votes and to declare that the election of the Respondent No.1 from the said constituency as void. He also prays for a declaration that the petitioner was duly elected from the said constituency.

(2.) According to the petitioner, several irregularities were committed during the course of counting of votes on 9th and 10th December, 1994 which attracted the provisions of Section 100(1)(iii) of Representation of People Act, 1951. The irregularities were mainly of the following nature, according to the petitioner:

(3.) According to the petitioner, therefore, on account of the above irregularities, the result of the election was materially affected, which gave rise to the cause of action for filing the present election petition. If true and correct counting of votes had taken place, strictly in accordance with the rules, the petitioner would have secured majority of votes polled in the election of 290 - Ramannapet Assembly Constituency, and not Respondent No.1. Hence this election petition.