- (1.) These appeals under section 116 of the Representation of the People Act, 1951 ('Act' for short) are preferred against the order dated 10.2.2005 of the Andhra Pradesh High Court, allowing application nos. 1064 and 1065 of 2004 in Election Petition No. 2/2004 and consequently rejecting the said Election Petition filed by the appellant.
(2.) The first respondent was elected to the Andhra Pradesh Legislative Assembly from 'No. 72 - Kovvur Assembly Constituency' in the election held on 24.4.2004. The appellant, a voter of the Constituency filed the said election petition for declaring the election of the returned candidate to be void, on the following four grounds : (i) The nomination of Shri Pendyala Atchuta Ramaiah was improperly rejected by the Returning Officer, by treating him as a dummy candidate. (ii) The nomination of first respondent was improperly accepted. (iii) The nomination of Jelly Venkata Ramanaiah was improperly accepted. (iv) The list of the contesting candidates prepared by the Returning Officer was not in alphabetical order as required by section 38 of the Act. The first ground fell under section 100(1)(c), the second and third grounds under section 100(1)(d)(i) and the fourth ground under section 100(1)(d)(iv) of the Act.
(3.) The returned candidate - first respondent, contested the election petition and filed two applications - IA No. 1064 of 2004 for striking off paras 8 to 11 of the election petition, under Order VI Rule 16 CPC read with section 83 of the Act and IA No.1065 of 2004 for rejection of the election petition under Order VII Rule 11 (a) CPC read with section 83 of the Act. The High Court, after hearing, allowed the said applications by an elaborate order dated 10.2.2005. It struck off paras 8 to 11 of the election petition containing the grounds of challenge to the election and as a consequence, dismissed the election petition as not disclosing any cause of action. The said order is challenged in this appeal.;