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2004 Supreme(AP) 1364

V.V.S.RAO
SIMMITI ARJUNA – Appellant
Versus
PAPPALA NARASAIAH – Respondent


V. V. S. RAO, J.

( 1 ) THE petitioner was elected as sarpanch in the election for the office of sarpanch of lemarthi agraharam village, paravada mandal, visakhapatnam district. The petitioner herein secured 444 votes, first respondent secured 443 votes, and another contestant, Sri narsinga rao, secured 130 votes. The petitioner s election was challenged by first respondent in e. o. p. No. 22 of 2001 on the file of the court of principal junior civil judge-cum- election tribunal, anakapalli. The only ground on which the election of the petitioner was challenged is that the votes in booth No. 5 at serial NOS. 792 and 793 of lemarthi agraharam village are also registered voters of edulapaka bonangi village at serial NOS. 981 and 982 of the voters list of the said village, and that those two voters having voted in both gram panchayat elections those two votes are invalid votes. The petitioner herein opposed the election petition inter alia contending that he is not aware whether the two voters who allegedly are registered voters of another village are voted in favour of petitioner, that the election petition is barred by limitation and that petitioner is not aggrieved party.

( 2 ) THE e











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