C V K RAO Vs. DANTU BHASKARARAO
HIGH COURT OF ANDHRA PRADESH
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Chandra Reddy, J. -
(1.) The question to be answered by the Full bench is whether an appeal under Section 116-B of the Representation of the People Act is a Civil proceeding for the purpose of Article 133 of the Constitution . This reference has been necessitated by a divergence of judicial opinion.
(2.) A few facts relevant in the context of this enquiry may be narrated me respondent was declared elected to the Andhra pradesh Legislative Assembly from the Kakinada constituency at the general election field in 1962. The legality of this election was challenged before the Election Tribunal, Rajanmundry, by the petitioner on the ground that the respondent had incurred the disqualification under Section 7 (d) the Representation of the People Act. His abjection prevailed with the Election Tribunal with the result that the election was set aside. On appeal by the aggrieved respondent, two of us constituting a Division Bench reversed that decision and upheld the election in the view that the postulates of a contract within the contemplation of Section 7 (d) were not present in the instant case. It is to take this judgment In appeal that the present petition is med under Article 133 of the constitution.
(3.) Since the problem that presents itself here has to be solved with reference to Article 133 of the Constitution, it is necessary to set it out here. Article 133, omitting the unnecessary portion, runs thus: "An appeal shall lie to the Supreme Court from any Judgment, decree or final order in a civil proceeding of a High Court in the territory of India if the High Court certifies".;
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