( 1 ) ). THE election petitioner seeks declaration that the election of the first respondent from 270-Hanumakonda Assembly Constituency in the State of Andhra Pradesh is void and further to declare the petitioner as having been duly elected.

( 2 ) ). The case of the election petitioner is as follows: pursuant to the notification issued by the Election Commission, polling in respect of 270-Hanumakonda Assembly Constituency was conducted on 18-09-1999. As many as 14 candidates contested in the said election. The election petitioner contested as an independent candidate whereas the first respondent contested as a candidate of Bharatiya Janata Party (BJP); the second respondent contested as a Congress-l candidate and all others contested in the said election as independent candidates. Counting of votes was commenced on 06-10-1999 and on the morning of 07-10-1999 the result was declared. The petitioner secured 33,146 votes, the second respondent Congress-l candidate secured 38,488 votes and the first respondent secured 52,752 votes. The respondents 3 to 13 secured, 1,950; 963; 893, 686. ; 664, 581; 338; 274; 260; 242 and 117 votes respectively and they lost their deposits. The Returning Officer declared the first respondent as having been elected as he secured highest number of votes among them.

( 3 ) THE result of the election was materially affected by corrupt practices committed by the first respondent and his agents with his consent. The first respondent through his agents and henchmen with his consent bribed the electorate through DWACRA Groups, Youth Clubs, Student Cricket Clubs, Youth Associations, Manila Sangams, etc. by distributing cash and by giving gifts like cricket kits, cooking utensils and thereby induced electorate to vote in his favour.

( 4 ) THE first respondent and his party workers, agents including the chief election agent with his consent distributed monies to the voters in Muchella Nagaram, Hasanparthy Mandal. One Gouri Samba Reddy, local BJP leader of Nagaram village distributed monies in the village with the consent of the returned candidate. One Smt. Poreddy Komala, wife of Poreddy Papi Reddy, President of DWACRA Group was one of such recipients. The said Samba Reddy gave an amount of Rs. 8,000/- to the said Komala and asked her to distribute the same among the members of DWACRA Group and requested her to see the votes of DWACRA members and their families be polled in favour of the first respondent. On 28-09-1999 when Samba Reddy met the said Komala at vegetable market at 06-00 A. M. asked her as to why she had not distributed the money and used filthy language against her. The said Komala replied that she distributed the amount and votes were also polled in favour of the returned candidate. Despite the same, when Samba Reddy continued to abuse her, after having informed the same to the members of DWACRA Group and Mahila Sangam, she proceeded to the police station to lodge a complaint against him. However, the members of DWACRA Group prevented her and conducted a panchayat on 29-09-1999 at about 09-00 A. M. whereat they made Samba Reddy to tender an apology to her. On the same day at about 11 -00 A. M. when komala and her husband were going in front of the house of Samba Reddy, again he abused her in filthy language and uttered to commit suicide by consuming any pesticide. Subsequently, Komala committed suicide by consuming pesticide and the incident was reported in newspapers on 01-10-1999. Her husband made a complaint to the police pursuant to which the Crime No. 131/99 was registered at Hasanparthy police station.

( 5 ) SUBSEQUENT to the death of Smt. Komala, some of the organizations such as Nyaya Porata Committee, Stri Janabhyudaya Samstha constituted themselves as fact finding body and visited Nagaram village on 01-10-1999 and gathered information which revealed that the first respondent distributed monies Rs. 500/- each to the members of DWACRA Group to cast their votes in his favou