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2010 Supreme(AP) 331

K.C.BHANU
Lagadapati Raja Gopal – Appellant
Versus
Sunkara Krishna Murthy – Respondent


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.

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 p































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