E PEDDI REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THE petitioners, who are office bearers of Telugu Desam party, have filed this petition in the name of the public interest litigation for quashing order dated 24. 4. 2007 vide which Judicial first Class Magistrate, Pulivendula, Kadapa district (respondent No. 7) dismissed the complaint filed by respondent No. 5 in c. F. R. No. 1166 of 2007 in C. C. No. ____/ 2007 against respondent No. 9 - Dr. Y. S. Rajasekhar Reddy for allegedly filing false affidavit under Section 33a of the representation of People Act, 1951 (for short, 'the 1951 Act' ).

(2.) IN the elections held for the Andhra pradesh State Legislative Assembly in 2004, respondent No. 9 filed nomination paper on 31. 3. 2004 for contesting election from 160 -Pulivendula Assembly Constituency. Along with the nomination paper, he filed an affidavit as per the requirement of Section 33a of the 1951 Act. He was declared elected. Subsequently, he became Chief Minister of the State.

(3.) AFTER two years and eight months of the elections, Sri Nam Chandra Babu naidu, President of Telugu Desam Party lodged complaint dated 16. 12. 2006 with the Election Commission of India (for short, 'the Commission') for taking action against respondent No. 9 on the ground that he had filed false affidavit regarding immovable properties owned by him and his family members. The Commission forwarded the complaint to Chief Electoral Officer, Andhra pradesh (respondent No. 3), who directed the Returning Officer of 160 - Pulivendula assembly Constituency (respondent No. 5 herein) for taking action in accordance with the instructions issued by the Commission vide letter No. 3/er/2004-JS/2, dated 2. 6. 2004.