JUDGMENT

Simhadri Satyanarayana Rao (Rao) and four others contested election to the Andhra Pradesh Legislative Assembly from Avani Gadda Constituency. The election was held on November 22, 1989 and Rao was declared elected. M. Budda Prasad a voter of the constituency challenged the election of Rao by way of an election petition before the Andhra Pradesh High Court. The High Court by its judgment dated September 6, 1991 dismissed the election petition with costs. This appeal by the election petitioner is against the judgment of the High Court.

2. On the pleadings of the parties the High Court tried the election petition on the following issues :-

(1) Whether votes of 22 dead persons were polled in polling station No. 104 of No. 91, Avanigadda Legislative Assembly Constituency?

(2) Whether votes of 241 persons who have migrated to different places from Vakkapatlavaripalem village long back have been polled in polling station No. 104 of No. 91 Avenigadda Legislative Assembly Constituency?

(3) Whether Mr. Ambati Brahanaiah and his close relatives trespassed into polling station No. 104 and rigged the votes by stamping on ballot papers in favour of the first respondent?

(4) Whether Mr. Amba