K. JAYACHANDRA REDDY, J.

( 1 ) THIS is an election petitioner presented under S. 81 of the Representation of the People Act, 1951 praying for a declaration that the election of the 1st respondent is void and that the petitioner has been duly elected on the ground that the 1st respondent was disqualified to be chosen to till the seat in the Andhra Pradesh Legislative Assembly, as he has a subsisting contract with the State Government for the sale of arrack and toddy in the course of his trade or business.

( 2 ) THE material facts are not in dispute and they are as follows: The election to the Andhra Pradesh State Legislative Assembly for No. 253 Indurthi Assembly Constituency of Karimnagar Taluk and District was held in the month of Feb. 1978. The petitioner and the respondents Nos. 1 to 5 contested in the said election. The petitioner contested as a Congress-I candidate and secured 20,021 votes and the 1st respondent who contested as C. P. I. candidate secure 21,735 votes and was declared to have been elected. The 1st respondent was the successful bidder in the auction held by the Andhra Pradesh State Government regarding the ease of the right tot sell liquor in retail for the year

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