L. NARASIMHA REDDY, J.

( 1 ) THIS application is filed by the 1st respondent in the Election Petition, under Order VI Rule 16 and Order VII Rule 11 read with Section 151 of Code of Civil procedure (CPC) and Section 86 of the representation of the People Act (43 of 1951) (for short the Act ), to reject and dismiss the Election Petition, on the ground that the same does not disclose cause of action and does not conform to the provisions of Section 83 of the Act. The parties are referred to as arrayed in the Election Petition.

( 2 ) THE petitioner, Regu Mahesh @ regu Maheshwar Rao, an Advocate, practising at Saluru, Vizianagaram District, filed Election Petition No. 14 of 1999, seeking a declaration that the election of the 1st respondent, Sri Rajendra Pratap Bhanj Deo, to the Legislative Assembly in the State of andhra Pradesh, from the 10-Saluru (ST) legislative Assembly Constituency, in the elections held on 6-10-1999, as void and set aside the same.

( 3 ) THE facts pleaded by the petitioner are as under:

( 4 ) THE petitioner is an Elector, having been registered as voter in Part 74 of saluru town and resident of the said town. 10-Saluru (ST) Assembly Constituency is reserved for Sc

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