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1962 Supreme(AP) 213

GOPALRAO EKBOLE
Chitturi Indiriah – Appellant
Versus
Mullapudi Harischandra Prasad – Respondent


( 1 ) THIS is an application filed under Article 227 of the Constitution of India questioning the validity of an order dated 25th September, 1962, passed by the Election Tribunal, Eluru.

( 2 ) THE facts which are relevant for the purposes of this petition are that the petitioner contested a seat for the Andhra Pradesh Legislative Assembly Constituency, tanuku in the West Godavary District in the General Elections held in February, 1962. The respondent was the sole candidate against him. As a result of the election with a margin of 111 votes the respondent was declared elected. The petitioner therefore challenged the election on various grounds through his Election petition No. 49 of 1962 including that of bribery and hiring and procuring vehicles for carrying the voters to the polling booths. The respondent in his counter raised several objections to the petition inter alia pleading that paragraphs 7, 8, 10, 13 and 14 to 16, should be struck off as they do not disclose material facts contemplated by various provisions of the Representation of the People Act.

( 3 ) SEVERAL issues were framed including some issues which, related to the defects pointed out by the respondent in his cou












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