P.N. APPA RAO Vs. KUMBURU SURYANARAYANA NAIDU

JUDGEMENT

(1.) This is an appeal under section 116-A of the Representation of the People Act, 1951 (hereinafter referred to as the "ACT" of 1951), against an order of the Election Tribunal, Rajahmundry.

(2.) In the 1962 General Elections, the appellant and the respondent were the contesting candidates for Election to the Andhra Pradesh Legislative Assembly from the Palakonda Constituency. The appellant was the Congress candidate and the respondent was the candidate of the Swatantra Party. The total number of votes polled was 41,358 out of which the respondent secured 22, 555, and the appellant 17,126. The invalid votes were 1,677. The respondent was declared duly elected on February 26th, 1962. On March 29, 1962, the respondent presented to the Election Commission a Petition, being Election Petition No. 14 of 1962, under Section 80 of the Act, wherein, besides claiming a declaration that the Election of the Respondent was void, he claimed a further declaration that he had been duly elected. The Election Petition was published in the Official Gazette and was then referred to the Election Tribunal, Rajahmundry, for trial.

(3.) The material allegations in the Election Petition are as follows : The respondent is not a registered elector on the electoral rolls of the Palakonda constituency though he purported to claim serial No. 357 in the electoral roll of Devudala village as the one relating to him. Serial No. 357 relates to one Madagana Suryanarayana Naidu, son of Papi Naidu, who was a resident of a non-residential building bearing door No. 2/22 in that village. The entry relating to serial No. 357 in the electoral roll of Devudala village, mentions the residential house bearing door No. 2/22, whereas the respondent is resident of the house bearing door No. 2/23. The entry in the electoral roll against serial No. 357 refers to 'Suryanarayana Naidu' whereas the respondent filed his nomination paper, signing it as 'Suryanarayana'. On January 9, 1962, the respondent filed an application before the Electoral Registration-officer in Form No. 8, for correction of the entry then existing in the electoral roll.