SHAIK MAHABOOB BASHA Vs. KONDURI PTICHI RAJU
LAWS(APH)-1982-10-13
HIGH COURT OF ANDHRA PRADESH
Decided on October 07,1982

SHAIK MAHABOOB BASHA Appellant
VERSUS
KONDURI PTICHI RAJU Respondents

JUDGEMENT

- (1.) In the elections held for electing the, Sarpanch of Odiveedu Gram Panchayat, Rayachoti Taluq, Cuddapah District on 31st May, 1981, the petitioner Sri Shaik Mahaboob Basha and the first respondent Konduri Ptichi Raju filed nominations and contested the elections . The petitioner was declared elected by a maijority of 17 votes. The total votes polled were 1,314, out of which 51 votes were declared invalid The petitioner polled 613 votes and the 1st respondent polled 598 votes. Since the petitioner has got the majority of votes, he was duly declared elected as the Sarpanch of the Gram Panchayat by the Election Officer. Thereupon, the 1st respondent filed an election petition O.P. No. 7 of 1981 in the Court of the Munsif Magistrate, Rayachoti, questioning the election of the petitioner, He raised three grounds in that petition (i) 45 votes that were polled in his favour were improperly rejected by the Election Officer; (ii) two invalid persons by bame Rama Raju and Mangamma expressed their intention to the Election Officer to vote for the 1st Respondent, but the Election Officer cast their votes in favour of the Petitioner. (iii) the voters mentioned in Annexures A, B and C of the Election petition have voted not only in Odiveedu Gram Panchayat but also in other Gram Panchayats Therefore, those votes have to be disregarded He further claimed that he should be declared elected as the Sarpanch of that village
(2.) The petitioner filed a counter denying the allegations in the election petition. He also examined that voters who are the residents of Odiveedu Gram Panchayat to show that they had voted only in Odiveedu Gram Panchayat He submitted that the rejection of certain notes was in accordance with the Rules.
(3.) The learned District Munsif observed that the Block Development Officers of Lakkiredipalli and Rayachoti Panchayat Samithis, instead of sending used ballot papers, have only sent the counterfoils of used ballot papers of Odiveedu only. He held that the petitioner played a very silent game in suppressing the production of the used ballot papers and therefore, an adverse inference should be drawn against him under section 114 (17) of the Indian Evidence Act. He found that it was not established that the votes of the two invalid persons were cast in favour of the petitioner. He held that 20 voters have voted both in Odiveedu and Rayachoti Gram Panchayat elections and therefore, their votes had to be invalidated. Consequently, he declared the 1st respondent as the duly elected harpanch of Odiveedu Gram Panchayat.;


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