N V L NARASIMHA RAO Vs. KOTHA RAGHURAMAYYA

JUDGEMENT

(1.) This is yet another case where the Election Petition has to be dismissed in limine under Section 86 (1) of the Representation of the people Act. This time it is a case of non-compliance with the requirement of Section 82 (b) of the Representation of the people Act. The facts bearing on the question are few and may be shortly stated.

(2.) In the recent general elections for Guntur Parliamentary constituency held on 21/02/1967, six persons were duly nominated as candidates for election. Of these only four, including the petitioner Shri N. V. L. Narasimha Rao and the 1st respondent, Shri Kotha Raghuramayya seem to have contested for the seat. Sri Gullapalli Venkata Punnaiah Sastri who was also a duly nominated candidate did not choose to contest. He withdrew his candidature within the prescribed period. Eventually as a result of poll the 1st respondent was returned from the constituency. His election has now been called in question by the petitioner by means of Election Petition No. 11 of 1967. The grounds on which it is challenged are many. Commission of various corrupt practices by himself, through his agents and other persons have been alleged in the petition. I need not refer to all of them for, at this stage, I am concerned only with the allegations contained in the petition in relation to Gullapalli Venkata Punnaiah Sastri, who is not a party to this proceeding.

(3.) At page 8 of the Annexure to the petition the petitioner in this behalf stated thus:-