KOLAKA NILAKANTHAN Vs. SRI ANANTA RAM MAJHI

JUDGEMENT

(1.) THE petition has been filed under Section 81 of the Representation of the People act. 1951 (hereinafter to be referred to as the Act) for declaring the election of the respondent void under Section 100 (1) (b) and (d) (iii) and (iv) of the Act.

(2.) IN respect of the Rayagada Assembly Constituency in the district of Kora-put, the petitioner, the respondent and one Sri Jhiru Judia were the validly nominated candidates. Respondent was declared elected from the said constituency with a margin of 949 votes. He secured 8641 votes while the petitioner secured 7692 votes. A large number of grounds were taken in the petition, but as the case proceeded ex parte, evidence was not led in respect of some of the grounds. It is, therefore, unnecessary to state the material facts narrated in the petition in respect of the grounds on which no evidence was led. Only on two grounds mentioned in the petition evidence has been led. They are -

(3.) ON these pleadings, the following issues had been framed:-I.