CHARUGONDLA RANGA RAO Vs. KOMARAM RAMAYYA

JUDGEMENT

(1.) In the general election held in February 1967, the respondent (Komaram Ramayya), was elected to the Andhra Pradesh Legislative Assembly from Burugampahad Constituency in Khammam district reserved for Scheduled Tribes. He stood on the Congress ticket. He polled over 25,000 votes while his nearest rival, Cheemala Pandayya, polled about 14,000 votes. The third candidate, Kangala Burchayya received about 12,000 votes.

(2.) The petitioner (Charugondla Ranga Rao), who is an elector in that constituency, has filed this election petition under section 81 of the Representation of the People Act, 1951, calling in question of the election of the respondent.

(3.) The averments in the petition are as follows. The respondent was appointed on September 15, 1964, by the Inspector of Post Offices, Kothagudem as an Extra-Departmental Mail Carrier on a Monthly pay of Rs. 30. By virtue of his office the respondent has to carry Government Postal Mail Bags every day from the village of Pegallapadu to Tekulakalli over a distance of three miles. This is a duty which the respondent should perform every day and is answerable to the Union Government for the manner and method of performance. In return for his service the respondent is entitled to receive from the Government of India a remuneration of Rs. 39.50 Paise per menses. From the date of his appointment on September, 15, 1964, the respondent has been discharging the aforesaid duties attached to his office, namely, of carrying postal mails. He has also been receiving his pay from the Government of India. The respondent continued to be a mail carrier up to the date of his nomination on January 19, 1967 and even up to the date of declaration of the result of the election on February 24, 1967.