( 1 ) THIS election petition was filed by one T. Venkataram Reddy against the respondents. It was averred by the election petitioner that in the biennial elections to the Council of States in 1998 from the Andhra Pradesh Legislative assembly for filling six seats on 27-3-1998, the petitioner herein and the respondents no. l to 6 contested for the same. The petitioner herein contested as a candidate from the Indian National Congress. Respondents 1 and 3 to 6 contested on behalf of the Telugu Desam Party. Respondent No. 2 herein contested on behalf of the Communist Party of India. Mr. C. Venkateshan, the 7th respondent herein was the Returning Officer.

( 2 ) IT is further stated that the petitioner herein got 41 first preferential votes. The 7th respondent, who is an activist of the telugu Desam Party after his retirement, as a Secretary to the A. P. Legislative Assembly, is obliged to the Telugu Desam Party, especially to the present Chief Minister who re-appointed him and extended his term atleast three times, apart from the 7th respondent having been earlier Secretary of the Telugu Desam Party. Hence, for all purposes, it must be deemed that the 7th respondent is a