JUDGMENT :

Dr. B. S. Chauhan, J.

1. These appeals have been preferred against the impugned judgment and order dated 20.7.2012, as amended vide order dated 23.7.2012, of the High Court of Judicature of Andhra Pradesh at Hyderabad in Election Petition No.2 of 2009 and Recrimination Petition No.1 of 2009.

2. Facts and circumstances giving rise to these appeals are that:-

A. An election was held on 30.3.2009 for 18-Nizamabad Local Authority Constituency of the Andhra Pradesh Legislative Council wherein the appellant stood declared as successful candidate and had since then been a Member of Legislative Council (MLC).

B. The respondent no.1, defeated candidate, filed Election Petition No.2 of 2009 on the ground that certain invalid votes had been counted in favour of the appellant and certain valid votes which were cast in favour of the respondent no.1 had wrongly been declared invalid.

C. The election petition was to be decided on the basis of the fact that election for the said post was held on 30.3.2009 wherein out of 706 total votes, 701 votes were cast.

D. The votes were counted on 2.4.2009 and initially both the contesting candidates are said to have got equal number of votes as