VADDE NAGESWARA RAO Vs. GOTTIPATI ANANDARAO
HIGH COURT OF ANDHRA PRADESH
VADDE NAGESWARA RAO
Referred Judgements :-
WOODWARD V. SARSONS
R. VISWANATHA V. T. K. PERIASWAMI
RALANSEY DAMJI V. RATANSEY VIRJI
NARASIMHULU V. NARASIMHAM
HARI VISHNU KAMATH VS. AHMAD ISHAQUE
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(1.)This is an application under Article 226 of the Constitution of India
for the issue of a writ of certiorari to quash the decision of the Election Commissioner,
Bapatla, in O.P. No. 71 of 1952.
The facts which have given rise to this writ may be stated. The petitioner
and the 1st respondent were the contestants at an election of the Chairman of the
Chirala Municipality which was held on 29th November, 1952. The 1st respondent
obtained 9 votes as against 13 votes secured by the petitioner and the Revenue
Divisional Officer who conducted the election, declared the petitioner to have been duly elected.
(2.)The 1st respondent filed O.P. No. 71 of 1952, alleging inter alia several irregularities in the conduct
of the election including an objection that the balk t-papeis which,
were supplied to the voters for the purpose of the poll did not bear the "official
stamp" as prescribed by rule IV (3) of the rules for the conduct of election of
Chairmen and Vice-Chairmen of Municipal Councils. All the other irregularities
complained of were held not proved but the Election Commissioner held that
the ballot-papers did not have the " official stamp " as required by the rules and
that therefore they ought to be rejected. In the result, he allowed the petition,
filed by the 1st respondent and declared that the election of the petitioner as
Chairman of the Chirala Municipality is void. He directed that a fresh election
should take place. It is this order of the Election Commissioner that is sought to
be quashed in this Writ Petition.
(3.)Before I proceed to consider the respective contentions of the parties, the
relevant rules which govern the conduct of the election of Chairmen and Vice
Chairmen of Municipal Councils may be set out :
Rule IV, sub-rule (3) provides :
"Every councillor wishing to vote shall be supplied with a ballot-paper, which shall be a blank
sheet of piper on which the President of the meeting shall have, before the supply, affixed a stamp so as
to indicate its authenticity. The voter shall then proceed to the place set apart for for the purpose and
there place the ballot-paper in the ballot-box of the candidate for whom he wishes to vote. The
President of the meeting shall cause such arrangements to be made as will prevent the councillors
who have already voted from having access to the councillors who are yet to vote."
Sub-rule (4) runs thus :-
"The President of the meeting shall then open in the presence of the councillors present the
ballot-boxes one after another, take out the ballot-papers thereform, count them, and record the
number thereof in a statement.
A ballot-paper shall be rejected if it-
(a) bears any mark by which the voter can be identified, or (4) does not bear the official stamp
prescribed in sub-rule (3).
Exhibits B-49 to B-61 are the ballot-papers polled for the petitioner and Exhibits B-62 to B-70
are the ballot-papers which have been polled for the 1st respondent. All of them
are small thick blank papers and they contain a signature which
is said to be that of the Revenue Divisional Officer.
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