Judgment

AYYANGAR J. : This is an appeal by special leave against a judgment of the High Court of Andhra Pradesh by which a Writ Petition filed by the 3rd Respondent - K. Brahmananda Reddy - was allowed and an Election Petition filed by the appellant was directed to be dismissed.

2. The facts giving rise to the proceedings with which the appeal is concerned are briefly as follows : At the General Election held in the month of February 1962 for the Legislative Assembly - Constituency of Phirangipuram in Guntur District in Andhra Pradesh, the third respondent Brahmananda Reddy and one Chandramouli, the 2nd respondent before us, were the contesting candidates. The polling at the Election took place on February 26, 1962 and the Returning Officer declared Brahamananda Reddy, elected as having obtained the majority of valid votes. Thereafter, the appellant who is a voter on the rolls of the said Constituency filed an Election Petition before the Election Commission on April 11, 1962 under S. 81 of the Representation of the People Act, 1951, which we shall refer to as the Act. There was no formal defect in the Petition, it was accompanied by the requisite number of copies provided for by th