FAZAL Ali, J.

(1) THIS is an appeal under S. 116A of the Representation of the People Act, 1951 (hereinafter referred to as the Act) by Venkata Reddy who was respondent No. 1 in the election petition filed before the High court of Andhra Pradesh. The appeal arises out of the general elections held to the Andhra Pradesh Legislative Assembly in March 1972 from Gooty assembly constituency. The appellant Venkata Reddy, T. Papa Sab and R. Sultan (the election petitioner before the High court) applied for Congress ticket for the Gooty assembly constituency seat. The District Congress Committee, Anantapur recommended the names of R. Sultan, Papa Sab and Ramachandra Goud but did not recommend the name of the appellant. The Andhra Pradesh Provincial Congress Committee, however, recommended the name of R. Sultan the first respondent alone. This recommendation appears to have been accepted by the All India Congress Committee which gave the Congress ticket to the first respondent R. Sultan on 1/02/1972 as a result thereof the other candidates, namely, the appellant Venkata Reddy, T. Papa Sab and Venkata Subbayya decided to contest the election as independent candidates, w