JUDGMENT

This appeal is filed under Section 116 of the Representation of the People Act and pertains to the assembly election that was held in November, 1989 in Andhra Pradesh. The appellant was one of the four candidates that contested from Gopalapuram Legislative Assembly (No. 71) constituency which was reserved for Scheduled Castes. There were three more candidates. The nominations were filed. The appellant, Smt. Sarojini Devi Dasari and Smt. Jhansi Rani Namburi filed their nominations as independent candidates. Sri Vevekananda Karupati filed his nomination as Telugu Desam candidate. The time and date for withdrawal was 1 p.m. on 2-11-89. The appellant was supposed to contest as an official candidate of the Congress Party and as required under the Rules he has to file the certificate issued by the President of the Congress Party on the same day before 3 p.m. and he failed to do so. Therefore, he figured as an independent candidate. After the polling took place the counting was done and Telugu Desam candidate was declared elected who got the highest number of votes 50,411. The appellant got the next highest vote 42,599. Smt. Dasari Sarojini Devi, independent candidate, polled 737