N. V. L. NARASIMHARAO Vs. ELECTION TRIBUNAL, RAJAHMUNDRY AND OTHERS

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India praying to issue a writ of certiorari or other appropriate writ, direction or order calling for the concerned records leading to the order of the Election Tribunal, Rajahmundry, dated 28-10-57 passed in Election Petition No.10/57 refusing to set aside the election of the 2nd respondent and quash the said proceedings.

(2.) General election to the Andhra Legislative Assembly for Guntur No.1 Constituency was held on 18-2-55. Besides the petitioner, there were four more candidates viz. M.S. Tellakula Jalayya, D.V. Apparao, M.A. Khader and T. Amrutarao, who were duly nominated to contest the election. The petitioner represented the Praja Socialist Party. The 2nd respondent in the Writ Petition was set up by the United Congress Front. The 3rd respondent is a nominee of the Communist party. Respondents 4 and 5 belonging respectively to Muslim and Christian Communities contested the election as Independent candidates. The polling in this Constituency was held on 18-2-55 and the counting of the votes took place on 1-3-55 with the following result. <FRM>JUDGEMENT_26_LAWS(APH)1_1961_1.html</FRM>

(3.) Before the Tribunal, several issues were framed. They are as follows: