SADANAND Vs. RAJA NARASIMHA

JUDGEMENT

(1.) This Application is filed by the petitioner to condone the delay of 19 days in representing the Election Petition.

(2.) Sri A. Sadanand has filed the Election Petition questioning the election of Sri C. Raja Narsimha (1st respondent) from Andole Constituency for the Andhra Pradesh Legislative Assembly. The petitioner and Sri Lakshmana Kumar and Durgatah (Respondents 2 and 3) contested from the same Constituency, but lost the election. The election was held on 25th February, 1978. The petitioner filed the Election Petition on 12th April, 19/8 and along with the petition be filed three copies of the petition for the three respondents. The petition was filed within time. The Office of the High Court returned it on 20th April, 1978, raising the following objections: (1) The father's name of Durgaiah (R-3) was left blank in the long cause title. (2) Four more copies of the petition and affidavit should be filed, as notices have to go through Court and also by registered post. (3) Documents should be given serial number. (4) Covers and acknowledgement forms and dockets duly filled in should be filed. The High Court was closed for summer vacation from 24th April, 1978. 23rd April, 1978 happened to be a Sunday. It is stated by Sri G. Mahipal Reddy, the learned counsel for the petitioner that when he wanted to represent the petition during the vacation, it was refused to be received by the office. It is true that in view of the Notification No. 75 (3) dated 13th April, 1978 issued by the High Court of Andhra Pradesh he could not have represented the Election Petition in the High Court office during the summer vacation. The High Court re-opened on 3rd June, 1978. He represented the petition on 9th June, 1978 without complying with the objections, It was again returned to him on 13th June, 1978. Finally it was represented on 23rd June, 1978, complying with all the objections raised by the office and with a petition to condone the delay in representation. That petition is posted before the Court.

(3.) Sri I. Koti Reddy, the learned counsel took notice for the 1st respondent. He objected that the delay in representation could not be condoned. Therefore, I posted it for arguments on 7th July, 1978.