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1960 Supreme(AP) 299

P.CHANDRA REDDY, RAMACHANDRA RAO
Chakkala Rama Rao – Appellant
Versus
Gaddam Chalapathi Rao – Respondent


CHANDRA REDDY, CJ.

( 1 ) THE petitioner seeks the issuance of a wr it of certiorari for emoval of the order of the Election Commissioner avoiding the election of the etitioner.

( 2 ) THE petitioner was elected the President of the Payakaraopeta Panchayat Samithi on 5th November, 1959, with a majority of fifteen, he having secured 23 votes as against eight votes polled by his opponent, the respondent. Immediately, the respondent filed an election petition, O. P. No. 26 of 1959, under section 11 of the Andhra pradesh Panchayat Samithis and Zilla Parishads Act (XXVI of 1959) (hereinafter to be referred to as the Act ) on 10th November, 1959, to set aside the election of the petitioner on the ground (i) that the petitioner committed election offences under sections 171-6 and 171-E, Indian Penal Code, in that he treated fifteen Presidents of the Village Panchayats to feasts for some days prior to the election and transported them to polling stations in vehicles hired by him, and (ii) that the respondent was disqualified under section 9 (d) of the Act by reason of having a subsisting interest in some contracts for some work being done by the Samithi in question. The petitioner filed a









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