( 1 ) THE Election Petition No. 2 of 2004 has been filed by the petitioner pothula Rama Rao, who is an elector in kowur Legislative Assembly Constituency. He is the sympathizer and supporter of indian National Congress, a registered and recognized political party. The first respondent Pendya Venkata Krishna Rao is the elected candidate from No. 72 Kowur assembly Constituency of Andhra Pradesh state Legislative Assembly, set up by the telugu Desam Party (in short TDP ). The second respondent is the Returning Officer of the said Constituency. The third respondent is the District Election Officer. The parties herein are referred to as they are arrayed in the Election Petition.

( 2 ) THE first respondent filed application No. 1064 of 2004 under Order vi Rule 17 of Civil Procedure Code to strike off all the proceedings of Paras 8 to 11 in the Election Petition. Application no. 1065 of 2004 is filed under Order VII, rule 11 (1 ) (a) of Civil Procedure Code, read with Section 83 of Representation of Peoples act, 1951 to reject the Election Petition.

( 3 ) AS per the averments in the election Petition; the elections for the aforesaid constituency to the Legislative assembly of the State of Andhra Pradesh were held on 26-4-2004 and seven candidates contested for the membership of the Assembly from the said constituency. They are:1. Govinda Rao (Korni), 2. S. Rao (Geddam), 3. Veerraju (Gelam), 4. Venkata Krishna Rao (Pendyala), 5. Venkata Ramanaiah (Jelly), 6. Venkateswara Rao (Kommireddy) and 7. Veshnu Murthy (Veeram Setty ). The first, third, sixth and seventh candidates contested the election as independents. The second candidate was set up by the Indian national Congress. The fourth candidate was set up by the TDP, a registered and recognized State Party. The fifth candidate was set up by the Bahujana Samaj Party, a registered and unrecognized party in Andhra pradesh State.

( 4 ) GOVINDA Rao polled 895 votes, S. Rao polled 63,988 xotes, Veerraju polled 758 votes, Venkala Krishna Rao polled 65,329 votes, Venkata Ramaiah polled 2822 votes, Venkateswara Rao polled 1010 votes and Vishnu Murthy polled 566 votes. On 11-5-2004 Venkata Krishna Rao was declared to have been elected, having secured a majority of 133] votes over the congress candidate.

( 5 ) THE grounds on which the Election petition is filed to declare the election of the first respondent as void are mentioned in paras 8 to 11 only, which are extracted below:"8. It is submitted that one Sri Atchuta ramaiah (Pcndyala) submitted a nomination paper to the 2nd respondent herein within the time fixed tor making nominations i. e. , 7-4-2004, having been fixed as the last dare for making nominations. His nomination has been improperly rejected be the 2nd respondent on 8-4-2004, on the untenable ground that he was a dummy or substitute candidate set up by the telugu Desam Party and that the nomination of the main candidate Venkata krishna Rao was accepted. The 2nd respondent ought ro have accepted the nomination of Atchuta Ramaiah. The concept of dummy candidate is not provided in the Representation of People act, 1951. The ground on which the candidature of Sri Atchuta Ramaiah was rejected is not one of the grounds stipulated under the Representation of Peoples Act including those specified under Section 36 of Representation of Peoples Act, 1951. No power of subordinate legislation was conferred by the Central Government under Section 169 of Representation of peoples Act, 1951 to make Rules in regard to additional ground for rejection of nomination paper. 1951 Act did not empower the Government or the Election commission of India to issue either a general order or special order prescribing any additional ground for rejection of nomination paper. In any event there is no valid law empowering such ground for exclusion. For this improper rejection alone, the election of 1st respondent is liable to be declared as null and void under section 100 (1) (c) of 1951 Act, the e