LAWS(APH)-2008-7-157

K. VENKAT NARASIMHA REDDY Vs. Y. SATHI REDDY

Decided On July 30, 2008
K. Venkat Narasimha Reddy Appellant
V/S
Y. Sathi Reddy and Ors. Respondents

JUDGEMENT

(1.) THE writ petitioner was elected as a Member of Mandal Praja Parishad Territorial Constituency of Chithapuram Mandal Parishad of Valigonda Mandal in the elections held on 28.6.2006.

(2.) THE 1st respondent herein filed OP No. 49 of 2006 on the file of the Election Tribunal -cum -the Court of Senior Civil Judge, Bhongir, questioning the election of the writ petitioner alleging that he had adopted corrupt practices and colluded with the Election Officer and the staff with the help and support of the sitting MLA. It was also alleged that the Election Officer played fraud at the time of counting of votes resulting in acceptance of invalid votes polled in favour of the writ petitioner and rejection of valid votes polled in favour of the 1st respondent. Thus, it was contended that if the counting of votes was done lawfully as per the procedure, the 1st respondent would have become the returned candidate with a majority of 30 votes. Accordingly, the election of the writ petitioner was sought to be set aside.

(3.) THAT apart, the present writ petition is also filed seeking a writ of certiorari to call for the record in O.P. No. 49 of 2006 and to quash the order of the Election Tribunal dated 11.7.2007 declaring the same as arbitrary and illegal.