MAJJI DHARMA RAO Vs. GOUTU SYAMASUNDAR SIVAJI

JUDGEMENT

(1.) The petitioner is challenging the election of the first respondent as a member of the Andhra Pradesh Legislative Assembly from Sompeta 12 Assembly Constituency held on December 5, 1994. The petitioner is an elector from Makharajwala village of Sompeta Assembly Constituency. The Election Commission has issued a notification wherein the last date for filing nominations was fixed to November 8, 1994, scrutiny of nominations on November 9 and the date of election was December 5, 1994. Results were published on December 12,1994 declaring the first respondent as the returned candidate.

(2.) The first respondent filed his nomination on November 8,1994 as a Telugu Desam Party candidate; while the second respondent filed his nomination on November 5, and respondents Nos. 3 to 8 have also filed their nominations on November 8, 1994. At the time of scrutiny of nominations on November 9, 1994, an objection was raised for accepting the nomination of the first respondent on the ground that he had incurred disqualification as he defected and joined the Telugu Desam Party without resigning as an independent member from the IX Legislative Assembly. The first respondent was earlier elected to the IX Legislative Assembly as an independent candidate with an independent symbol 'Elephant'. Later he, along with other independent members constituted a Democratic Peoples Front and continued as such. However, he obtained 'B' Form from the President of the Telugu Desam Party and filed his nomination as a Telugu Desam Party candidate on November 8, 1994 without resigning as an independent member. He also secured the reserved party symbol 'Cycle' belonging to the Telugu Desam Party. Being an independent candidate in the IX Legislative Assembly, the first respondent has incurred disqualification on the date of filing nomination on Novembers, 1994 as a Telugu Desam Party candidate under Article 191 (2) of the Constitution of India. The written objection filed on November 9, 1994 before the 9th respondent was illegally rejected on November 10,1994 on the ground that the list of disqualified candidates supplied by the Election Commission does not contain the name of the first respondent. The second respondent sent his objection petition dated November 9, 1994 to the Chief Election Commission of India which was also not considered by the said authority.

(3.) The second respondent was allotted the symbol 'Flaming Torch'. Sompeta Constituency consists of more than 80 per cent illiterate rural voters. Suprisingly the ballot papers got printed by the 9th respondent did not contain was symbol 'Flaming Torch', but what the printed on the ballot paper was only a bud which does not have the following features viz., a handle, a burner at one end and flame emanating from the burner. The 9th respondent under the influence of the first respondent has willfully and with a mala fide intention to cause loss to the second respondent printed the ballot papers as stated above; while the first respondent's symbol 'Cycle' was printed clearly and in a big size. Due to this, the illiterate voters of Sompeta Constituency were not only mislead, but were also deprived of casting their vote in favour of the second respondent. Therefore, the election held is vitiated and as the second respondent was disqualified, the election of the first respondent should be set aside and the second respondent should be declared to have been duly elected.