Judgement

RAMASWAMI, J. : This appeal is brought. by special leave from the judgment of the High Court of Andhra Pradesh, dated September 19, 1966 in Writ Petition No. 1253 of 1965.

2. At the last General Election to the Andhra Pradesh Legislative Assembly held in February 1962 the appellant and the 2nd respondent - P. Rajaratna Rao - were the contesting candidates for election from the Kodumuru constituency in Kurnool District. The result of the election was announced on February 25, 1962 and the appellant was declared to have been elected by a majority of about 7,000 votes. The second respondent thereafter filed an election petition (Election Petition No. 180 of 1962) under S. 81 of the Representation of the People Act. 1951 (Act 43 of 1951), hereinafter called the Act calling in question the election of the appellant on the ground that various corrupt practices had been committed at the election and claiming a two-fold relief namely, that the election of the appellant should be declared to be void and that respondent No. 2 himself should be declared to have been duly elected. After the appellant had filed written statement, the Election Tribunal, Hyderabad, framed twenty-two iss