DANTU BHASKARARAO Vs. C V K RAO
HIGH COURT OF ANDHRA PRADESH
Click here to view full judgement.
Chandra Reddy, J. -
(1.) The interpretation of Section 7 (d) of the Representation of the People Act (hereinafter referred to as the Act) is involved in this appeal directed against the judgment of the Election Tribunal, Eluru.
(2.) The facts that are necessary for this enquiry are few and are not in dispute. The appellant and the respondent along with two others contested the general elections held in 1962 from Kakinada constituency of Andhra Pradesh. At the time of scrutiny of the nominations, an objection was raised by one of the contestants that the appellant was disqualified under Section 7 (d) of the Act by reason of his holding a mining licence and also a prospecting licence from the Govenment of Andbra Pradesh. This objection did not find favour with the Returning Officer with the result that the nomination paper was accepted.
(3.) The poll took place in February and ultimately the appellant was elected to the Legislative Assembly of Andhra Pradesh. Shortly thereafter, one of the defeated candidates, C.V.K. Rao, the respondent herein filed an election petition before the Election Commission, New Delhi, on 7th April calling in question the election of the appellant on the ground that he was subject to the disqualifications mentioned in Section 7 (d) of the Act by virtue of his holding a mining lease for period of 25 years commencing from 13-4-1960 from the Government of Andhra Pradesh and a prospecting licence for manganese ore in Guttigonda Forest. That petition also contained allegations of corrupt practices falling within the terms of Section 123 of the Act. It was accompanied by an affidavit in support of the allegations of corrupt practices as required by the relevant statutory provisions. The petition was forwarded to the Election Tribunal, Eluru in due course of time.;
Copyright © Regent Computronics Pvt.Ltd.