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2010 Supreme(AP) 331

2010 (6) ALT 407
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD.
K.C. BHANU, J.
Lagadapati Raja Gopal
Versus
Sunkara Krishna Murthy and others
E.P.M.P.No.818 of 2009 in Election Petition No.18 of 2009
Decided on 22-4-2010.

Advocates Appeared:
Mr. Movva Chandra Shekar Rao, Advocate for the Petitioner E.P.M.P. and for Respondent No.1 in E.P.
Mr. Gangadhar Chamarthi, Advocate for Respondent No.1 in E.P.M.P.
Mr. G. Mohan Rao, Advocate for the Petitioner in E.P.
Mr. L. Venkateswara Rao, Advocate for Respondent No.3.
Mr. A. Rama Krishna, Advocate for Respondent No.11.
Mr. V.V.L.M. Sarma, Advocate for Respondent No.15.
Mr. P.N. Murthy, Advocate for Respondent No.17.
G.P. for GAD, for Respondent Nos. 20 and 21 in Election Petition.
None appeared for Respondent Nos. 2, 4, 5, 7, 9, 10, 13, 14, 16 and 18.

Headnote:(A) REPRESENTATION OF THE PEOPLE ACT, 1951, Sections 80 and 81 - Civil Procedure Code, 1908, Order 7 Rule 11----Rejection of Election petition----Though the provisions of the CPC in their entirety do not apply to the Election Petitions, but Order VII Rule 11 CPC applies to such petitions. (Para 8)

       (B) REPRESENTATION OF THE PEOPLE ACT, 1951, Sections 80 and 81 - Civil Procedure Code, 1908, Order 6 Rule 16---- Proof required in Election Petition is the proof required to be established with regard to the charge in a criminal case . (Para 9)

       (C)REPRESENTATION OF THE PEOPLE ACT, 1951, Section 125-A - Hindu Marriage Act, 1955, Sections 5 (1) and 11----Second wife does not come within the meaning of spouse as her marriage is void ab initio under Section 11 of Hindu Marriage Act as the first marriage is subsisting ---- Allegation of giving false affidavit by petitioner not made out. (Paras 23 to 25)

       (D) REPRESENTATION OF THE PEOPLE ACT, 1951, Sections 80, 81, 83, 77, 100 and 123 - Civil Procedure Code, 1908, Order 6 Rule 16 - Petition for striking out the pleadings in Election Petition----Election can be declared void on the ground of commission of a corrupt practice under Section 100----Even if the entire allegations in election petition are taken as true and correct, at this stage, they do not disclose any cause of action to declare the election of the returned candidate as void---- EP dismissed . (Para 31)

ORDER

This petition is filed under Order VI Rule 16 r/w Sections 21 and 151 of the Code of Civil Procedure, 1908 r/w Section 81 of the Representation of the People Act, 1951 (for short 'the R.P. Act') to strike out the pleadings.

2. The petitioner herein is the 1st respondent (returned candidate) and the 1st respondent herein is the election petitioner in the main election petition.

3. The brief facts, that are necessary for disposal of the present petition may be portrayed as follows:

The petitioner herein filed the present application alleging that the 1st respondent herein filed the main election petition to declare his election held in April, 2009 for Vijayawada Parliamentary Constituency as void and to declare the 1st respondent herein as validly elected. The 1st respondent herein alleged in the election petition that the petitioner herein married one Janaki during the life time of his spouse, L. Padma and begot a son by name Harman and thereby committed an offence of bigamy punishable under Section 494 IPC and Section 7 of Hindu Marriage Act. He omitted to show the said Janaki as the dependent and not disclosed her assets in the affidavit filed by him along with the nomination paper and thereby committed an offence punishable under Section 125-A of the R.P. Act and he intentionally omitted to produce a document before a public servant though he is bound to produce such document to the Returning Officer and thereby committed an offence punishable under Section 175 CLP.C. But, the petitioner herein denied the said allegations as vague, not true and not relevant for the purpose of deciding whether the election of the petitioner herein is void. The 1st respondent herein only pleaded that the petitioner herein is liable to be punished under Indian Penal Code. The Election Tribunal has got jurisdiction to decide the validity of his election only on the grounds mentioned in the R.P. Act and it has no jurisdiction to decide whether the petitioner herein committed any offence under Indian Penal Code and to disqualify him.

Petitioner herein stated that in the affidavit filed along with nomination paper, he had shown the assets and liabilities of himself, his spouse L. Padma who is alive and his three dependent sons. The said Janaki is not his wife or dependent. The allegation with regard to incurring excess expenditure is vague, untrue and irrelevant. The allegations that he is the Chairman of Lanco Foundation and spending money to bribe and lure the voters, that after announcing general elections, dated 02-03-2009, he has given huge advertisement to promote his political career and lured the electorate through Lanco Power Plants and he indulged in corrupt practices are vague and false. Lanco Foundations is Trust registered under the Indian Trusts Act whereas Lanco Power Plants is registered as a public limited company under the Indian Companies Act and not he is personally responsible and his election cannot be set aside for the alleged acts of the Trust and Company. He is neither Chairman of the Trust or Director of the Company. He seized (sic. ceased) to be the Chairman of the Trust or Director of the Company w.e.f. 2003 onwards. The 1st respondent herein has not has not stated the material facts and material particulars like who are the voters that were bribed and lured to strengthen his political career. The allegation that he committed grave irregularities and illegalities and deliberately influenced the voters in his favour in violation of the Conduct of Election Rules and instructions issued by the Election Commission and he is liable to be disqualified are vague and devoid of material facts and material particulars. The 1st respondent herein has not stated which facts are true and he has not stated the material facts and material particulars of corrupt practices.

The 1st respondent herein who claims to belong to the freedom fighters family and practising as an advocate has secured only 868 votes out of the total votes of 10,88
































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