1. This Election Petition is filed under Sections 81 read with 77, 100 (1) (b) (d) (ii) and 123 (1) (A) of the Representation of the People Act, 1951 (for short, RP Act, 1951) praying (i) to declare election of the first respondent to the 24 Manthani Assembly Constituency as null and void and set aside the same; (ii) to declare the petitioner as duly elected as member of the 24 Manthani Assembly Constituency, under Section 84 of the RP Act, 1951 and (iii) to award costs of the Election Petition.

2. The averments of the Election Petition, in brief, may be delineated as follows:

The petitioner is one of the contesting candidates of 24 Manthani Assembly Constituency in the general elections held on 16.4.2009. The petitioner was fielded from Praja Rajyam Party whereas the first respondent was fielded from Indian National Congress party. In the results declared on 16.5.2009, the first respondent was declared elected as member of said constituency having polled 63,770 votes, and the petitioner stood second having polled 50,561 votes. Father of the first respondent also belonged to Indian National Congress party and he represented from Manthani Assembly Constituency to the Legi