Y SATHI REDDY KOTI REDDY Vs. K VENKTA NARASIMHA REDDY RAMI REDDY
HIGH COURT OF ANDHRA PRADESH
Y.SATHI REDDY S/O.SRI KOTI REDDY
K.VENKTA NARASIMHA REDDY
Click here to view full judgement.
(1.)THE appellant herein is the first respondent in the writ petition filed by the first respondent herein, which was allowed by the learned Single Judge, where the writ petitioner by way of writ of certiorari sought to assail the orders dated 11. 7. 2007 passed in O. P. No. 49 of 2006 on the file of the Election tribunal cum Senior Civil Judge, Bhongir, allowing the Election Petition ex-parte.
(2.)BRIEFLY stated facts are that the first respondent herein is elected as a member of the Mandal Praja Parishad of Valigonda Mandal in the elections held on 28. 6. 2006. Assailing the same, the appellant herein filed O. P. No. 49 of 2006 on the file of the Election Tribunal cum Senior Civil Judge, Bhongir, on certain allegations. The contesting respondents in the said O. P. were set ex-parte. The appellant herein examined himself as P. W. 1 and marked documents Ex. A-1 (nomination deposit) and Ex. A-2 (Notifying the counting place ). The Election tribunal considering the matter, allowed the election petition by orders dated 11. 7. 2007. Assailing the said orders, the first respondent herein filed writ petition No. 9862 of 2008 on various grounds including the ground that the very election petition does not contain any specific ground or any allegations in regard to corrupt practices, as required under the law.
(3.)THE learned Single Judge by taking into consideration, the provisions under section 273 and 268 (1) of the A. P. Panchayat Raj Act, 1994 and A. P. Panchayat Raj (Election Tribunals in Respect of Gram Panchayats, Mandal parishads and Zilla Parishads ) Rules, 1995 held that having regard to the subsequent rules contemplated thereunder in regard to the corrupt practices and same being required to be specifically raised and traversed with all the details in particular, as normally held under the Election law in regard to the pleadings, there being no such material allegations or facts alleged in respect of any practice much less corrupt practices, has been specifically traversed, allowed the writ petition. Hence, the present writ appeal.
Copyright © Regent Computronics Pvt.Ltd.