AADI SREENIVAS Vs. RAMESH CHENNAMANENI

JUDGEMENT

(1.) This application has been filed invoking Sec. 10 CPC to stay all further proceedings in E.P.No.5 of 2014.

(2.) The 1st respondent herein had filed E.P.No.5 of 2014 challenging the election of petitioner herein as the returned candidate of No.28-Vemulawada Assembly Constituency in the General Election held on 30/4/2014, the results of which are declared on 16/5/2014 on the ground that he was a not a citizen of India on the date of election and so, he was not qualified to be chosen to fill the seat in Legislature of the State of Telangana under Articles 173 and Sec.16 of the Representation of the People Act, 1950 and to declare his election to be void under Sec. 100(1)(a) of the Representation of People Act, 1951.

(3.) It is not in dispute that the petitioner herein had also got elected in the bye-election held on 27/7/2010 to the same constituency and this had been questioned by 1st respondent herein in E.P.No.1 of 2010 on the same ground i.e. the petitioner was not a citizen of India on the date of election.