P. KODDANDA RAMAYYA, J.

( 1 ) THIS is an Election Petition presented under 80 of the Representation of People Act, 43 of 1951 (hereinafter called the Act ). In this petition the election of the 1st respondent Mariserla Venkatarami Naidu as a Member of the A. P. Legislative Assembly from No. 9 Parvatipuram Assembly Constituency is challenged. The petitioner is one of the unsuccessful candidates in the said election.

( 2 ) THE averments of the petition are as follows :- it is stated as per the Election programme to the said Assembly Constituency, the last date for filing nominations was 11-12-1982, the date of scrutiny was 13-12-1982, the date for withdrawal of nominations was 15-12-1982, the date for poll was fixed on 5-1-1983 and the declaration of the results was fixed on 6-1-1983. The petitioner, the 1st respondent, Sarvasri Yalla Sasibhushana Rao, Dwarapureddi Suryanarayana, Doddi Parasuram and Chamala Surayya and some others filed their nomination papers. The Returning Officer i. e. the 2nd respondent herein rejected the nomination of Sri Chamala Surayya and upheld the nominations of the petitioner, the 1st respondent and Sarvasri Yalla Sasibhushana Rao, Dwarapureddi Suryanaraya