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1989 Supreme(SC) 495

K.N.SAIKIA, M.H.KANIA, S.RANGANATHAN
B. Rajagopala Rao – Appellant
Versus
Appayya Dora Hanumanthu – Respondent


Advocates:
G.NARASIMHULU, K.R.NAGARAJA, P.KRISHNA RAO, P.P.Rao, SHANTI BHUSHAN, T.V.S.N.Chari, V.A.BOBDE

Judgement

KANIA, J. :- These two appeals arise out of the judgments in two Election Petitions in the Andhra Pradesh High Court questioning the election of respondent No. 1 as a Member of Parliament from Srikakulam No. 1 Parliamentary Constituency in the 8th General Election to the House of the People. The points raised in these appeals are common and so are the relevant facts; and, hence, they are being disposed of by this common judgment. We propose to take note of only the few facts which are necessary for the appreciation of the controversy before us.

2. The polling date for the said election along with other parliamentary elections in the State of Andhra Pradesh was December 27,1984 but in Srikakulam No. 1 Parliamentary Constituency the polling was countermanded and the date of polling was later fixed on January 28, 1985. In both the Election Petitions the election of respondent No. 1 was questioned mainly on the ground that Shri N. T. Rama Rao, the Chief Minister of Andhra Pradesh as well as the President of the Telugu Desam Party as well as respondent No. 1 gave certain speeches and certain advertisements were got published by Shri N. T. Rama Rao through the Publicity Departmen















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