R SATYANARAYANA Vs. SAIDAYYA

JUDGEMENT

(1.) Before dealing with all these connected applications arising out of Election Petition No. 15 of 1967, it is necessary of state the relevant facts in chronological order. AT the last general election held in February 1967, five persons filed their nomination papers with a view to contest the election from the Gajwel reserved constituency for a seat in the Andhra Pradesh Legislative Assembly, They were: (1) Gajweli Saidiah, (2) J. H. Krishnamurthi, (3) A. L. Sailoo, (4) Mannay Balaiah and (5) Perka Narayana. After scrutiny of their nominations on 21-1-1967 the returning officer rejected the nomination paper of Perka Narayana and accepted the nominations of the remaining four candidates as they were found to be in order. On 23-1-1967 Mannay Balaiah gave a notice in writing signed by him to the returning officer, withdrawing his candidature. Thereafter a list of the names of the three contesting candidates was published by the returning officer. Polling took place on 21-2-1967, and Gajwelli Saidiah, who has stood on the congress ticket, was declared to have been duly elected.

(2.) On 11-4-1967 one R. Satyanarayana, a voter of Gajwel reserved constituency, presented the present election petition (Election petition No. 15 of 1967). To this election petition. he impleaded Saidiah, Krishnamurthi and Sailoo as the first, second and the third respondents respectively. The election of the 1st respondent (Saidiah) was called in question on the main ground that he had committed various corrupt practices. The reliefs sought in the election petitions were:

(3.) It is not necessary for the present purpose to enumerate the numerous corrupt practices alleged in the election petition. It will be sufficient to refer to paragraphs 5 and 8 of the election petition. Paragraph 5 is as follows;