R NARASIMHA REDDY Vs. BHOOMAJI

JUDGEMENT

(1.) These are two connected appeals filed under Section 116 (a) of the Representation of the People Act, as amended by Act XXVII of 1956, hereafter called the Act against the decision of the Election Tribunal (District and Sessions Judge) Secunderabad in election petition No. 374 of 1957 on its file declaring the election of the legislative assembly of Andhra Pra-desh void.

(2.) The appellant, Sri R. Narasimha Reddy and Sri J.B. Muthyala Rao, appellants in Special Appeals Nos. 3 and 4 of 1958 respectively, the 1st respondent Sri Bhoomaji and five others stood as candidates for election to the Legislative Assembly, Andhra Pradesh from Gajwel double-member constituency in of about January 1957. The nominations were duly filed by all these candidates before the last date fixed, i.e., 29-1-1957 and they were duly scrutinized on 1-2-1957. The date for the polling was fixed to 4-3-1957 and the election took place on that day. The result of the poll was as follows Candidate : --Votes Polled. 1. Artula Ramchandra Reddy.10183 G. 2. J.B. Mutual Rao.24450 B.

(3.) Naraslah. ...6494 B. 4. Banam Veeraswamy...5684 R. 5. Bhoomaji. ...5048 G. 6. Balakrishta Reddy...5208 G. 7. Mallesham. ...12998 E. 8. Reddygari Nirasimha Reddy....22168 G. This being a double-member constituency, Sri J.B. Mutyal Rao, who polled 24,450 votes, was declared elected for the reserved seat, and Sri R. Narasimha Reddy, who polled 22,168 votes, was declared duly elected to the general seat. 3. Thereupon, Sri Bhoomaji, the 1st respondent in both the appeals, filed an election petition under Ss. 80 and 81 of the Representation of the People Act challenging the validity of the election and praying for a declaration that the election of the two returned candidates be declared void.